Opinion
Argued October 8, 1999
November 30, 1999
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Robinson, J.), rendered March 6, 1998, convicting him of robbery in the first degree (three counts) and attempted robbery in the first degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Kent R. Hart and Barry Stendig of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and David Nelson of counsel), for respondent.
MYRIAM J. ALTMAN, J.P., ANITA R. FLORIO, HOWARD MILLER, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant failed to preserve for appellate review his claims of prosecutorial misconduct ( see, CPL 470.05; People v. Hernandez, 258 A.D.2d 666; People v. Tevaha, 84 N.Y.2d 879, 881; People v. Comer, 73 N.Y.2d 955, 956-57). In any event, any error was harmless in light of the overwhelming evidence of guilt, including the identification testimony by the four victims of the three-day robbery spree, and the trial court's instructions to the jury ( see, People v. Hernandez, supra, at 666; People v. Harris, 140 A.D.2d 457).
ALTMAN, J.P., FLORIO, H. MILLER, and SCHMIDT, JJ., concur.