Opinion
570888/01.
Decided March 2, 2004.
Defendant appeals from a judgment of the Criminal Court, New York County, rendered August 23, 2001 after a jury trial (Analisa Torres, J.) convicting him of sexual abuse in the third degree (Penal Law § 130.55), attempted assault in the third degree (Penal Law §§ 110.00/120.00[1]) and endangering the welfare of a child (Penal Law § 260.10), and imposing sentence.
Judgment of conviction rendered August 23, 2001 (Analisa Torres, J.) affirmed.
PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM P. McCOOE, HON. MARTIN SCHOENFELD, Justices.
The verdict was supported by legally sufficient evidence and was not against the weight of the evidence. Issues of credibility, including the resolution of conflicts in testimony, were properly placed before the jury and there is no basis for disturbing its determinations.
Defendant's present challenges to the admissibility and scope of prompt outcry testimony are largely unpreserved and, in any event, lack merit. Given the complainant's age and her credible testimony concerning defendant's threat of reprisals, evidence that the complainant reported the incident to several adults within one week of its occurrence was properly admitted and did not contain excessive detail ( see, People v. McDaniel, 81 NY2d 10, 17-18; People v. Sanders, 238 AD2d 215, 216, lv denied 92 NY2d 882, People v. Fabian, 213 AD2d 298, lv denied 85 NY2d 972).
By failing to object, by making generalized objections or by failing to request any further relief after objections were sustained, defendant has failed to preserve his current claims of prosecutorial misconduct and we decline to review them in the interest of justice. Were we to review these claims, we would find no basis for reversal. The prosecutor's isolated and unobjected to comment in her opening statement urging the jury to convict defendant so that this would be the "final time" that the complainant "has to . . . reliv[e] this experience", while better left unsaid, was not unduly prejudicial ( see, People v. Laraby, 219 AD2d 817, lv denied 88 NY2d 849). The prosecutor otherwise acted properly within her role as an advocate, and none of the alleged misconduct prevented a fair trial ( see, People v. Celdo, 291 AD2d 357, lv denied 98 NY2d 673).
We have considered and rejected defendant's remaining argument.
This constitutes the decision and order of the court.