Opinion
No. 2006-08889.
June 17, 2008.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Carroll, J.), rendered September 6, 2006, convicting him of assault in the third degree (two counts), upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Denise A. Corsí of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Thomas M. Ross, and Kaye Scholer LLP [Christopher D. Baker], of counsel), for respondent.
Before: Mastro, J.P., Rivera, Angiolillo and McCarthy, JJ.
Ordered that the judgment is affirmed.
The defendant's contention that the prosecutor's summation denied him due process and a fair trial is unpreserved for appellate review, as he either failed to object to remarks he now contests or made only a general objection ( see CPL 470.05; People v Romero, 7 NY3d 911, 912; People v Small, 45 AD3d 705). In any event, a review of the challenged comments reveals that they were either responsive to defense counsel's summation or fair comment on the evidence ( see People v McHarris, 297 AD2d 824, 825; People v Russo, 201 AD2d 512, 513).
The defendant's remaining contention is without merit.