Ordered that the judgment is affirmed.
The defendant failed to preserve for appellate review his objection to the prosecutor's summation, because he failed to seek curative instructions or move for a mistrial (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, we find that the prosecutor's comments made during summation did not deviate from the theory stated in the indictment so as to deprive the defendant of his due process right to a fair trial (see, e.g., People v. Grega, 72 N.Y.2d 489).
The defendant's objection to the court's charge to the jury is also unpreserved for appellate review (see, People v. Hoke, 62 N.Y.2d 1022; People v. Nuccie, supra, at 819; People v. Udzinski, 146 A.D.2d 245). In any event, we find that the court's charge adequately stated the applicable rule of law (see, People v Canty, 60 N.Y.2d 830; People v. Williams, 134 A.D.2d 636). Thompson, J.P., Santucci, Krausman and Florio, JJ., concur.