June 29, 1995
Appeal from the Supreme Court, New York County (Budd Goodman, J.).
Defendant's claim that the prosecutor's summation deprived him of a fair trial is unpreserved for appellate review as a matter of law, for failure either to object to the comments challenged on appeal or to request further relief after the court issued curative instructions ( People v. Tardbania, 72 N.Y.2d 852; People v. D'Alessandro, 184 A.D.2d 114, 118, lv denied 81 N.Y.2d 884), and we decline to review the issue in the interest of justice. If we were to do so, we would find that the comments in question were appropriate response to the defense summation ( see, People v Liang, 208 A.D.2d 401).
In view of defendant's criminal record, and the court's decision not to sentence him as a discretionary violent felony offender, the sentence imposed was a proper exercise of discretion ( see, People v. Farrar, 52 N.Y.2d 302, 305).
Concur — Rosenberger, J.P., Kupferman, Asch, Nardelli and Mazzarelli, JJ.