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THE PEOPLE, ETC., respondent, v. SAM RODARI, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that certain improper remarks made by the prosecutor during summation require reversal is unpreserved for appellate review as he either did not object to the remarks, his objection was sustained without a request for a curative instruction, or his objection was sustained and, upon the court's issuance of a curative instruction, he did not request a further instruction or request a mistrial ( see CPL 470.05; People v. Heide, 84 N.Y.2d 943, 944; People v. Medina, 53 N.Y.2d 951, 953; People v. Persaud, 237 A.D.2d 538). We decline to reach the issue in the exercise of our interest of justice jurisdiction.

ALTMAN, J.P., S. MILLER, GOLDSTEIN and CRANE, JJ., concur.

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PEOPLE v. RODARI
(Dec 22, 2003)