Opinion
December 29, 1993
Appeal from the Supreme Court, Monroe County, Doyle, J.
Present — Callahan, J.P., Green, Fallon and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant was convicted, following a jury trial, of attempted robbery in the second degree (Penal Law § 110.00, 160.10 Penal [1]) for attempting to forcibly steal property from a person while aided by another person actually present. We reject defendant's argument that he was deprived of a fair trial because the prosecutor improperly elicited testimony about defendant's membership in a street gang without obtaining an advance ruling from the court concerning the propriety of such testimony. Defendant admits that no objection was made at trial. Therefore, defendant's claim of prosecutorial misconduct has not been preserved for review (see, CPL 470.05; People v Nuccie, 57 N.Y.2d 818; People v Williams, 147 A.D.2d 920, lv denied 73 N.Y.2d 1023). Furthermore, in light of the compelling proof of guilt, we conclude that the error was harmless because there was no significant probability that the jury would have acquitted defendant had that evidence not been introduced (see, People v Crimmins, 36 N.Y.2d 230, 242).