Opinion
December 27, 1993
Appeal from the Supreme Court, Kings County (Fertig, J.).
Ordered that the judgment is affirmed.
We find no merit to the defendant's contentions that the trial court's interruption of his counsel's summation deprived him of a fair trial. For all but one of these instances, the trial court was merely sustaining the prosecutor's objections to remarks which were based purely on speculation and were not fair comments on the evidence (see, People v Ashwal, 39 N.Y.2d 105; People v Cruz, 144 A.D.2d 478; People v Robinson, 137 A.D.2d 564). We note that the trial court erred in sustaining an objection to the comment made by defense counsel that the defendant, by ringing a doorbell, gave notice of his presence in the building in question. This remark was a fair comment upon the evidence. However, in light of the overwhelming evidence of the defendant's guilt this error was harmless (see, People v Crimmins, 36 N.Y.2d 230; People v Canada, 157 A.D.2d 793).
The defendant's remaining contentions, including the issue raised in his pro se brief, are either unpreserved for appellate review or are without merit. Bracken, J.P., Sullivan, Rosenblatt and Miller, JJ., concur.