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THE PEOPLE, etc., RESPONDENT, v. JIMMY HILLIARD, APPELLANT. (Ind. No. 11177/96)

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that certain remarks made by the prosecutor during summation were improper is unpreserved for appellate review since he raised only general objections to the challenged remarks, did not request curative instructions when his objections were sustained, and did not move for a mistrial (see, People v. Nuccie, 57 N.Y.2d 818; People v. Davis, 277 A.D.2d 248 [2d Dept., Nov. 6, 2000]; People v. Feliciano, 254 A.D.2d 496; People v. Oreckinto, 253 A.D.2d 896; People v. Scotti, 220 A.D.2d 543). In any event, most of the challenged remarks either constituted fair comment, or were made in response to the defense counsel's arguments on summation, and none was so prejudicial as to require reversal (see, People v. Galloway, 54 N.Y.2d 396; People v. Davis, supra; People v. Jones, 255 A.D.2d 600; People v. Feliciano, supra).

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PEOPLE v. HILLIARD
(Jan 25, 2001)