Opinion
Submitted September 13, 1999
October 28, 1999
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Flaherty, J.).
ORDERED that the judgment is affirmed.
The defendant's contention that the evidence adduced at trial was legally insufficient to establish his guilt of robbery in the first degree is unpreserved for appellate review (see, CPL 470.05[2]; People v. Udzinski, 146 A.D.2d 245 ). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620 ), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15[5]).
The defendant's challenges to the prosecutor's summation are unpreserved for appellate review and, in any event, without merit. For the most part, the prosecutor's remarks constituted either appropriate response to defense counsel's summation or fair comment on the evidence (see, People v. Galloway, 54 N.Y.2d 396 ;People v. Ashwal, 39 N.Y.2d 105 ; People v. Ceus, 207 A.D.2d 905 ; People v. Pruna, 177 A.D.2d 519 ).
The defendant's remaining contentions, including those in his supplemental pro se brief, are either unpreserved for appellate review or without merit.
BRACKEN, J.P., S. MILLER, KRAUSMAN, and H. MILLER, JJ., concur.