Opinion
Argued May 24, 2001
June 11, 2001
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Spires, J.), rendered October 25, 1999, convicting him of assault in the second degree, criminal possession of a weapon in the third degree, and unlawful possession of marijuana, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Rachel Altstein of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Johnnette Traill of counsel; Courtney Goodloe on the brief), for respondent.
Before: WILLIAM D. FRIEDMANN, J.P., ANITA R. FLORIO, NANCY E. SMITH, BARRY A. COZIER, JJ.
ORDERED that the judgment is affirmed.
The defendant contends that he is entitled to a new trial because of improper comments made by the prosecutor during summation. However, the challenged statements were either fair comment on the evidence adduced at trial or fair responses to the defense counsel's summation (see, People v. Cook, A.D.2d [2d Dept., Apr. 16, 2001]; People v. Garcia, 273 A.D.2d 402; People v. Galloway, 54 N.Y.2d 396).
The defendant's remaining contention is unpreserved for appellate review (see, CPL 470.05; People v. Medina, 53 N.Y.2d 951, 953) and, in any event, without merit (see generally, People v. Overlee, 236 A.D.2d 133).