Opinion
April 1, 1996
Appeal from the County Court, Nassau County (Wexner, J.).
Ordered that the judgment is affirmed.
The People were under no obligation to turn over their Rosario material to the defense prior to the commencement of the pretrial hearings; these materials must only be turned over at the conclusion of the People's direct examination at the pretrial hearing, and then only upon the request of the defendant ( see, CPL 240.44).
We agree with the trial court that the prosecution established that the police had probable cause to arrest the defendant, and that the defendant knowingly and voluntarily waived his Miranda rights before giving his statement ( see, People v. Padilla, 150 A.D.2d 393; People v. Tineo, 144 A.D.2d 507). Once the People established this waiver, the burden of persuasion shifted to the defendant to adduce evidence supporting his contention that he did not comprehend his rights ( see, People v. Love, 85 A.D.2d 799, affd 57 N.Y.2d 998). However, the defendant offered no evidence at the hearing that the waiver was involuntary.
In any event, we find this claim to be without merit.
We also reject the defendant's claim that reversible error occurred due to the prosecutor's remarks during the trial summation. The defendant did not preserve for appellate review most of the statements challenged on appeal ( see, CPL 470.05; People v. Balls, 69 N.Y.2d 641). In any event, the comments made by the prosecutor were either fair comments on the evidence, permissive rhetorical comment, responsive to the defendant's summation ( see, People v. Ashwal, 39 N.Y.2d 105; People v. Turner, 214 A.D.2d 594), or were not so prejudicial as to constitute reversible error in light of the overwhelming evidence of the defendant's guilt ( see, People v. Crimmins, 36 N.Y.2d 230).
The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are either unpreserved for appellate review or without merit. Rosenblatt, J.P., O'Brien, Ritter and Goldstein, JJ., concur.