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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NORMA ROBLES, Appellant.

Ordered that the judgment is affirmed.

The defendant contends that she was deprived of her right to a fair trial due to improper and prejudicial remarks by the prosecutor during his summation (see, People v Ashwal, 39 N.Y.2d 105; People v Jackson, 143 A.D.2d 363). However, no objections were made to several of the statements now complained of, and therefore, the defendant's claims of error with respect thereto are unpreserved for appellate review (see, CPL 470.05). Other allegedly improper statements were made in fair response to comments by defense counsel during his summation (see, People v Sykes, 151 A.D.2d 523). As to the remaining statements at issue, the court gave the jury proper curative instructions. When the trial is viewed in its totality, the defendant was not deprived of a fair trial (see, People v Galloway, 54 N.Y.2d 396). Thompson, J.P., Lawrence, Balletta and O'Brien, JJ., concur.

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PEOPLE v. ROBLES
(Aug 12, 1991)