Opinion
2000-01349
Argued September 6, 2002
October 1, 2002
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered January 20, 2000, convicting him of robbery in the second degree (two counts), criminal possession of stolen property in the third degree, and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Warren S. Landau of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Anastasia Spanakos of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., ROBERT W. SCHMIDT, SANDRA L. TOWNES, BARRY A. COZIER, JJ.
ORDERED that the judgment is affirmed.
The defendant failed to object during most of the prosecutor's cross-examination of him and thus his argument that the prosecutor improperly conducted her questioning is largely unpreserved for appellate review (see CPL 470.05). To the extent that this issue is preserved, it is without merit. The defendant also contends that during her summation the prosecutor, inter alia, improperly vouched for her witnesses and shifted the burden of proof. However, inasmuch as the defendant failed to object to any portion of the prosecutor's summation and/or seek a mistrial at the conclusion thereof, this argument is also unpreserved for appellate review (see People v. Bruen, 136 A.D.2d 648).
SANTUCCI, J.P., SCHMIDT, TOWNES and COZIER, JJ., concur.