Opinion
April 13, 1992
Appeal from the Supreme Court, Kings County (Marrus, J.).
Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50 (5).
The defendant was charged and tried with the codefendants Otis Fearon and Bruce Richardson, both as a principal and as one who acted in concert with his codefendants in the commission of multiple acts of rape and sodomy against a single complainant. The appeals of both codefendants are also decided herewith (see, People v Fearon, 182 A.D.2d 698; People v Richardson, 182 A.D.2d 721).
Adopting the argument made by the codefendant Richardson, this defendant also argues that he was denied a fair trial by virtue of the admission of testimony which allegedly constituted evidence of an uncharged crime. We find, however, that the disputed testimony was properly admitted into evidence (see, People v Alvino, 71 N.Y.2d 233; People v Santarelli, 49 N.Y.2d 241, 247; see also, People v Richardson, supra).
The defendant also attributes prejudicial error to certain of the prosecutor's remarks on summation. We find, however, that of those contentions properly preserved for appellate review, none of the objected-to remarks prejudiced the defendant's trial or exceeded the bounds of permissible rhetorical comment (People v Galloway, 54 N.Y.2d 396).
Upon a review of the court's jury charge, we find that it "adequately conveyed to the jury the appropriate standards" (People v Graziano, 151 A.D.2d 775, 776). Thompson, J.P., Harwood, Rosenblatt and Miller, JJ., concur.