Opinion
2001-02513.
December 1, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (McGann, J.), rendered March 12, 2001, convicting him of rape in the first degree and assault in the third degree, upon a jury verdict, and imposing sentence.
Laura R. Johnson, New York, N.Y. (Michael C. Taglieri of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and James A. Dolan of counsel), for respondent.
Before: SANDRA L. TOWNES, BARRY A. COZIER, jj.
DECISION ORDER
ORDERED that the judgment is affirmed.
The trial court properly admitted expert testimony regarding rape trauma syndrome to aid the jury in understanding the unusual behavior of the first complainant after the rape occurred ( see People v. Taylor, 75 N.Y.2d 277; People v. George, 277 A.D.2d 327) . The defendant's argument that the expert's testimony impermissibly bolstered the testimony of the second complainant is unpreserved for appellate review ( see CPL 470.05) and, in any event, is without merit ( cf. People v. Graham, 251 A.D.2d 426).
The defendant's contentions regarding certain remarks made by the prosecutor during summation are largely unpreserved for appellate review, as he failed to make timely objections ( see CPL 470.05) and did not seek further ameliorative action after certain objections were sustained ( see People v. Shelton, 307 A.D.2d 370; People v. Rodriguez, 182 A.D.2d 844; People v. Lewis, 175 A.D.2d 885). In any event, no reversible error occurred ( see People v. Gutierrez, 304 A.D.2d 458; People v. Berta, 213 A.D.2d 659; People v. Morris, 244 A.D.2d 361).
S. MILLER, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.