Opinion
February 5, 1990
Appeal from the Supreme Court, Queens County (Thorp, J.).
Ordered that the judgment is affirmed.
The defendant's contention that he was deprived of a fair trial by the prosecutor's misconduct was not preserved for appellate review (see, CPL 470.05; People v Udzinski, 146 A.D.2d 245, 248-252). In any event, it is without merit. The references to the race of one of the police officers and the informant during the witnesses' direct testimony and in the prosecutor's summation, while improper, did not constitute such a "thematic reference to * * * race" that reversal is warranted (People v Rivera, 136 A.D.2d 520; People v Kong, 131 A.D.2d 783; cf., People v Thomas, 129 A.D.2d 596, 597-598). The prosecutor's remarks concerning the police witnesses' membership in an "elite" unit and Police Officer Bernard Porter's commendation and five awards, although irrelevant and improper (see, People v McKutchen, 76 A.D.2d 934; People v Perez, 69 A.D.2d 891), were harmless in light of the overwhelming evidence of defendant's guilt (see, People v Crimmins, 36 N.Y.2d 230, 241-242). The defendant's remaining contention is without merit. Bracken, J.P., Lawrence, Harwood and Balletta, JJ., concur.