PEOPLE v. FERGUSON

By failing to make specific objections to the challenged comments of the prosecutor during summation ( see, People v. Balls, 69 N.Y.2d 641), or by failing to request further relief when those objections that were lodged were sustained by the court, which also provided curative instructions ( see, People v. Medina, 53 N.Y.2d 951), defendant's claims have not been preserved for appellate review as a matter of law and we decline to review them in the interest of justice. Were we to review them, we would find that "the summation, viewed as a whole and in the context of the relatively uncomplicated nature of this case, may not be characterized as frustrating the jury in reaching a fair and proper determination on the factual issues based solely upon the evidence" ( People v. Alston, 52 A.D.2d 817). This is particularly the case here given the repeated curative instructions provided by the court.

Concur — Milonas, J.P., Wallach, Williams, Tom and Mazzarelli, JJ.