Lynn W.L. Fahey, New York, N.Y. (Jonathan M. Kratter of counsel), for appellant.
Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart and Paul M. Tarr of counsel), for respondent.
Opinion
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney, J.), rendered January 4, 2012, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that he was deprived of a fair trial due to certain comments the prosecutor made on summation is unpreserved for appellate review (see CPL 470.05[2] ), because the defendant failed to object to the comments he now challenges (see People v. Romero, 7 N.Y.3d 911, 912, 828 N.Y.S.2d 274, 861 N.E.2d 89 ), or failed to request additional relief when the trial court sustained objections or provided curative instructions (see People v.
Heide, 84 N.Y.2d 943, 944, 620 N.Y.S.2d 814, 644 N.E.2d 1370 ; People v. Bajana, 82 A.D.3d 1111, 1112, 919 N.Y.S.2d 194 ; People v. Damon, 78 A.D.3d 860, 861, 911 N.Y.S.2d 127 ). In any event, the comments did not deprive the defendant of a fair trial (see People v. Jorgensen, 113 A.D.3d 793, 794, 978 N.Y.S.2d 361 ; People v. Littlejohn, 112 A.D.3d 67, 77, 974 N.Y.S.2d 77 ).
BALKIN, J.P., ROMAN, SGROI and LaSALLE, JJ., concur.