PEOPLE v. SWEENEY (2005)

 On appeal from a judgment convicting him, upon a jury verdict, of robbery in the second degree (Penal Law § 160.10[2][a] ), defendant contends that the evidence is legally insufficient to support the conviction.   Defendant failed to preserve his contention for our review, however, because his motion to dismiss was not “ ‘specifically directed’ at the alleged error” advanced on appeal (People v. Gray, 86 N.Y.2d 10, 19, 629 N.Y.S.2d 173, 652 N.E.2d 919), nor in any event did defendant renew his motion at the close of all of the evidence (see People v. Hines, 97 N.Y.2d 56, 61, 736 N.Y.S.2d 643, 762 N.E.2d 329, rearg. denied 97 N.Y.2d 678, 738 N.Y.S.2d 292, 764 N.E.2d 396).   We reject defendant's further contention that the verdict is against the weight of the evidence (see generally People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672).   The jury's resolution of credibility issues is entitled to great deference (see People v. Britt, 298 A.D.2d 984, 748 N.Y.S.2d 297, lv. denied 99 N.Y.2d 556, 754 N.Y.S.2d 208, 784 N.E.2d 81), and it cannot be said that the jury failed to give the evidence the weight it should be accorded (see generally Bleakley, 69 N.Y.2d at 495, 515 N.Y.S.2d 761, 508 N.E.2d 672).

 Defendant further contends that reversal is required based on prosecutorial misconduct.   Defendant failed to preserve his contention for our review with respect to the majority of the alleged instances of misconduct (see CPL 470.05[2] ), and in any event reversal is not required based on the alleged misconduct (see generally People v. Galloway, 54 N.Y.2d 396, 401, 446 N.Y.S.2d 9, 430 N.E.2d 885).   Although defendant preserved for our review his contention that the prosecutor engaged in misconduct by referring to defense counsel's summation as an “attempt to play on your emotions,” defendant did not object further or request a mistrial following County Court's immediate curative instruction, and thus the curative instruction “must be deemed to have corrected [any] error to the defendant's satisfaction” (People v. Heide, 84 N.Y.2d 943, 944, 620 N.Y.S.2d 814, 644 N.E.2d 1370;  see People v. Wilkins, 8 A.D.3d 1074, 1075-1076, 778 N.Y.S.2d 252, lv. denied 3 N.Y.3d 683, 784 N.Y.S.2d 21, 817 N.E.2d 839).

We have reviewed defendant's remaining contentions and conclude that they are without merit.

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

MEMORANDUM: