Opinion
2000-10581.
Decided June 1, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered November 2, 2000, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant, and appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jacqueline M. Linares of counsel), for respondent.
Before: GABRIEL M. KRAUSMAN, J.P., DANIEL F. LUCIANO, BARRY A. COZIER, ROBERT A. SPOLZINO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's arguments regarding alleged prosecutorial misconduct during summation are largely unpreserved for appellate review (see CPL 470.05). In any event, the comments alleged to be inflammatory and prejudicial were, for the most part, fair comment on the evidence ( see People v. Ashwal, 39 N.Y.2d 105) or responsive to arguments and theories presented in the defense counsel's summation ( see People v. Galloway, 54 N.Y.2d 396). Any errors were harmless in light of the overwhelming evidence of the defendant's guilt ( see People v. Crimmins, 36 N.Y.2d 230).
The defendant was afforded the effective assistance of counsel ( see People v. Baldi, 54 N.Y.2d 137).
The defendant's remaining contentions, including those raised in his supplemental pro se brief, are unpreserved for appellate review, and in any event, are without merit.
KRAUSMAN, J.P., LUCIANO, COZIER and SPOLZINO, JJ., concur.