Opinion
October 10, 1995
Appeal from the County Court, Nassau County (Orenstein, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, on the facts of this case, the prosecutor's comment on the defendant's failure to call the defendant's brother as a witness did not deprive him of a fair trial (see, People v. Johnson, 167 A.D.2d 422; People v Shaw, 112 A.D.2d 958).
The defendant's remaining contention is unpreserved for appellate review and, in any event, is without merit. O'Brien, J.P., Joy, Altman and Florio, JJ., concur.