Opinion
November 16, 1989
Appeal from the Supreme Court, Bronx County (Joseph Cerbone, J.).
Defendant claims that he was deprived of a fair trial by the prosecutor's summation which purportedly ridiculed his testimony, generally denigrated the defense, and vouched for the complainant. However, most of the challenged statements were a proper and fair response to the summation by defense counsel. In addition, with minor exceptions, there were no objections to the disputed remarks so they are not preserved for review by this court (People v Balls, 69 N.Y.2d 641; People v Nuccie, 57 N.Y.2d 818). To the extent that any objections were preserved for appellate consideration and some of the District Attorney's comments may have been inappropriate, the error must be deemed harmless in view of the overwhelming evidence of defendant's guilt (People v Morgan, 66 N.Y.2d 255, cert denied 476 U.S. 1120).
Concur — Murphy, P.J., Milonas, Ellerrin, Wallach and Rubin, JJ.