Opinion
2002-07816.
Decided February 17, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lott, J.), rendered July 24, 2002, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (Barbara Lerner of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel; Erin McCormack on the brief), for respondent.
Before: FRED T. SANTUCCI, J.P., SONDRA MILLER, BARRY A. COZIER, and REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the trial court providently exercised its discretion in making its Sandoval ruling ( see People v. Sandoval, 34 N.Y.2d 371, 374-375), as it struck a proper balance between the probative worth of the evidence of the defendant's criminal history and the possible prejudice to him ( see People v. Torres, 302 A.D.2d 411; People v. Forino, 287 A.D.2d 519).
The defendant's challenges to the prosecutor's summation are unpreserved for appellate review because he either failed to make specific and timely objections thereto ( see CPL 470.05; People v. Williams, 303 A.D.2d 772; People v. Joseph, 298 A.D.2d 601) or failed to seek further ameliorative action after certain objections were sustained ( see People v. Medina, 53 N.Y.2d 951; People v. Joseph, supra; People v. Woods, 296 A.D.2d 430).
SANTUCCI, J.P., S. MILLER, COZIER and RIVERA, JJ., concur.