Opinion
January 31, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Katz, J.), rendered February 8, 1999, convicting him of assault in the second degree, reckless endangerment in the first degree, and leaving the scene of an incident without reporting, upon a jury verdict, and imposing sentence.
Christopher Renfroe, Forest Hills, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Lisa Drury, and Elaine E. Oh of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN, GLORIA GOLDSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that prosecutorial misconduct occurred during the closing statement is unpreserved for appellate review (see, CPL 470.05). In any event, the challenged comments constituted either a fair response to his counsel's summation or fair comment on the evidence (see, People v. Galloway, 54 N.Y.2d 396).
The defendant was not deprived of the effective assistance of counsel (see, People v. Baldi, 54 N.Y.2d 137; People v. Israel, 148 A.D.2d 637, 638, affd 75 N.Y.2d 972).
The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit.