Opinion
2001-04941.
December 1, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kreindler, J.), rendered May 23, 2001, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (William Kastin of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and Andrew J. Schell of counsel), for respondent.
Before: DANIEL F. LUCIANO, SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant contends that certain comments made during the prosecutor's summation constitute reversible error. The defendant failed to preserve for appellate review his contention that some of the prosecutor's comments improperly shifted the burden of proof, because no objection was made to those comments ( see People v. Silva, 306 A.D.2d 424; People v. Scoon, 303 A.D.2d 525, lv denied N.Y.2d [Sept. 5, 2003]). The remainder of the comments that the defendant complains about either constituted fair response to the defense counsel's summation ( see People v. Johnson, 305 A.D.2d 518, lv denied 100 N.Y.2d 583; People v. Stith, 291 A.D.2d 576; People v. Russo, 201 A.D.2d 512, affd 85 N.Y.2d 872), or were harmless in light of the overwhelming proof of the defendant's guilt ( see People v. Crimmins, 36 N.Y.2d 230; People v. Ivory, 307 A.D.2d 1000).
SMITH, J.P., McGINITY, LUCIANO and TOWNES, JJ., concur.