Opinion
July 6, 1993
Appeal from the Supreme Court, Kings County (Feldman, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contentions, his challenges to the prosecutor's summation were, in part, unpreserved for appellate review (see, CPL 470.05; People v. Kresberg, 183 A.D.2d 786) and, in any event, the prosecutor's statements do not warrant reversal because they were either fair comment on the evidence (see, People v. Ashwal, 39 N.Y.2d 105) or fair response to the defense counsel's summation which attacked the officers' credibility and their official actions (see, People v. Galloway, 54 N.Y.2d 396). As to the preserved contentions, they are either without merit or are harmless in light of the overwhelming evidence of the defendant's guilt (see, People v. Crimmins, 36 N.Y.2d 230; see also, People v Richardson, 162 A.D.2d 413).
We also find that the sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80; People v. Alicea, 99 A.D.2d 815). Thompson, J.P., Miller, Santucci and Joy, JJ., concur.