Opinion
Argued October 18, 2001.
November 13, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rios, J.), rendered July 6, 2000, convicting him of sexual abuse in the first degree and endangering the welfare of a child, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (M. Chris Fabricant of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Anastasia Spanakos of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, STEPHEN G. CRANE, JJ.
ORDERED that the judgment is affirmed.
Any error by the Supreme Court in denying the defendant's request to dismiss the prospective juror for cause is not reversible since he did not exhaust his peremptory challenges (see, CPL 270.20; People v. Pagan, 191 A.D.2d 650).
The defendant failed to preserve for appellate review his challenges to certain allegedly improper remarks made by the prosecution during summation. In any event, the prosecutor's remarks were fair comment on the evidence adduced at trial or responsive to the defense summation that subtly attacked the trustworthiness of the People's main witness (see, People v. Galloway, 54 N.Y.2d 396; People v. Guerrero, 250 A.D.2d 703). Finally, there is no merit to the defendant's claim that he was denied the effective assistance of counsel because of this subtle rather than overt attack on the witness's credibility (see, People v. Benevento, 91 N.Y.2d 708).
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and CRANE, JJ., concur.