Opinion
2294
November 21, 2002.
Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered June 25, 2001, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 20 years to life, unanimously affirmed.
ALBERT CEVA, for respondent.
PAUL WIENER, for defendant-appellant.
Before: Nardelli, J.P., Mazzarelli, Sullivan, Ellerin, Marlow, JJ.
All of defendant's contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find that the court's immediate curative action, as well as its repeated instructions to the jury on the meaning of an indictment, were sufficient to prevent the prosecutor's comment on that subject from causing any prejudice (see People v. Davis, 58 N.Y.2d 1102). We would also find that the prosecutor's references, at various stages of the trial, to the victim's background as an industrious immigrant shopkeeper, were within the proper bounds of argument and did not deprive defendant of a fair trial (see People v. D'Alessandro, 184 A.D.2d 114, 118-119, lv denied 81 N.Y.2d 884).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.