Opinion
2000-07796
Submitted December 2, 2002.
December 30, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Reichbach, J.), rendered August 1, 2000, convicting him of rape in the first degree and sodomy in the first degree, upon a jury verdict, and imposing sentence.
Andrew C. Fine, Brooklyn, N.Y. (William B. Carney of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel), for respondent.
Before: DAVID S. RITTER, J.P., GLORIA GOLDSTEIN, STEPHEN G. CRANE, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
To the extent that the defendant's objections were preserved for appellate review, the prosecutor's challenged remarks for the most part either constituted fair response to defense counsel's summation (see People v. Phillips, 285 A.D.2d 477, 478), or were cured by the court sustaining the defendant's objection and providing instruction to the jury (see People v. Burrell, 178 A.D.2d 422). To the extent that any inappropriate remarks remained uncured, they were harmless in light of the overwhelming evidence of the defendant's guilt (see People v. Stith, 291 A.D.2d 576; People v. Ryant, 278 A.D.2d 345).
RITTER, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.