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PEOPLE v. YATES
Appellate Division of the Supreme Court of New York, Second Department.
Aug 29, 1994
Ordered that the judgment is affirmed.
Because he failed to object to the prosecutor's remarks on summation, to seek curative instructions, or to move for a mistrial, the defendant has not preserved for appellate review his objections to the prosecutor's summation (see, People v Nuccie, 57 N.Y.2d 818; People v. Acevedo, 156 A.D.2d 569; People v Coker, 135 A.D.2d 723; People v. Richardson, 114 A.D.2d 980; People v. Baldo, 107 A.D.2d 751). In any event, the prosecutor's comments made during summation did not deprive the defendant of his due process right to a fair trial (see, e.g., People v Gordon, 180 A.D.2d 748). Balletta, J.P., Rosenblatt, Joy and Florio, JJ., concur.
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