Opinion
2001-05781.
Decided April 26, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (DiMango, J.), rendered June 6, 2001, convicting him of criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, and menacing in the second degree, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (Tonya Plank of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Shulamit Rosenblum of counsel; Jason Kroll on the brief), for respondent.
Before: DAVID S. RITTER, J.P., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, BARRY A. COZIER, 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 or prejudicial were fair comment on the evidence ( see People v. McHarris, 297 A.D.2d 824, 825), responsive to arguments and theories presented in the defense counsel's summation ( see People v. Galloway, 54 N.Y.2d 396, 399), or harmless in light of the overwhelming evidence of the defendant's guilt ( see People v. Crimmins, 36 N.Y.2d 230).
RITTER, J.P., KRAUSMAN, LUCIANO and COZIER, JJ., concur.