PEOPLE v. DALEY (2008)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered May 15, 2006, convicting him of rape in the first degree, robbery in the first degree, and sodomy in the first degree (two counts), upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

 The defendant's challenge to the prosecutor's statement encouraging the jury to “tell” the defendant “that what he did was wrong ․ [and] awful” does not warrant reversal, since the trial court's actions in response to the challenged remark were sufficient to avert any substantial prejudice to the defendant (see People v. German, 45 A.D.3d 861, 862, 846 N.Y.S.2d 348, lv. denied 9 N.Y.3d 1034, 852 N.Y.S.2d 19, 881 N.E.2d 1206;  People v. Bossett, 45 A.D.3d 693, 850 N.Y.S.2d 109;  People v. Wright, 40 A.D.3d 1021, 837 N.Y.S.2d 217;  People v. Ivory, 307 A.D.2d 1000, 1001, 763 N.Y.S.2d 490).   The defendant's remaining claims of prosecutorial misconduct are unpreserved for appellate review, since the defendant failed to object to the allegedly improper comments and failed to request curative instructions or move for a mistrial on the grounds now argued on appeal (see CPL 470.05 [2];  People v. Medina, 53 N.Y.2d 951, 952, 441 N.Y.S.2d 442, 424 N.E.2d 276;  People v. German, 45 A.D.3d 861, 846 N.Y.S.2d 348, lv. denied 9 N.Y.3d 1034, 852 N.Y.S.2d 19, 881 N.E.2d 1206;  People v. Wright, 40 A.D.3d 1021, 837 N.Y.S.2d 217;  People v. Ivory, 307 A.D.2d 1000, 1001, 763 N.Y.S.2d 490).   In any event, to the extent that any of the remarks were improper, any error was harmless (see People v. Crimmins, 36 N.Y.2d 230, 242, 367 N.Y.S.2d 213, 326 N.E.2d 787).