People v. Gardner

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lott, J.), rendered March 3, 2004, convicting him of gang assault in the first degree, upon a jury verdict, and imposing sentence.

*483Ordered that the judgment is affirmed.

The defendant failed to timely object to the prosecutor’s allegedly improper remarks during the opening statement, did not object to a curative instruction given by the trial court, and did not request a mistrial. As a result, the defendant did not preserve for appellate review his contention that certain comments made by the prosecutor during the…