Opinion
March 13, 1989
Appeal from the Supreme Court, Richmond County (Sangiorgio, J.).
Ordered that the judgment is affirmed.
The defendant's assertion that the prosecutor made improper remarks during summation is not preserved for appellate review. Although the defendant moved for a mistrial after the prosecutor had concluded his summation, the motion was untimely. It is well established that in order to preserve an issue for appellate review, a motion for a mistrial or an objection must be made at the time of the impropriety, and a belated motion which does not give the trial court an opportunity to remedy the error complained of will not preserve the issue (see, CPL 470.05; People v. Bruen, 136 A.D.2d 648, 649).
In any event, the record reveals that the prosecutor's comments constituted a fair response to the defendant's summation and did not deny him a fair trial (see, People v. Centino, 133 A.D.2d 776).
Finally, there is no basis in the record to disturb the trial court's sentence, which we do not find unduly harsh or excessive (People v. Suitte, 90 A.D.2d 80). Mangano, J.P., Bracken, Spatt and Balletta, JJ., concur.