PEOPLE v. ECOCK

Ordered that the judgment and amended judgment are affirmed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50 (5).

The defendant's claims of error with respect to the court's justification charge and supplemental charge are unpreserved for appellate review as a matter of law (see, CPL 470.05; People v Thomas, 50 N.Y.2d 467, 471), and are, in any event, without merit (see, People v Goetz, 68 N.Y.2d 96; People v Almodovar, 62 N.Y.2d 126, 131-132). Any prejudice arising from the single instance of improper questioning by the prosecutor was, in this instance, negated by the court's prompt curative instruction (see, People v Santiago, 52 N.Y.2d 865; People v Heppard, 121 A.D.2d 466; People v Davis, 108 A.D.2d 924).

Finally, the sentence and amended sentence imposed evince neither an abuse of discretion nor a failure to observe sentencing principles on the part of the sentencing Judge (see, People v Suitte, 90 A.D.2d 80, 86-87). Lazer, J.P., Niehoff, Lawrence and Kooper, JJ., concur.