Opinion
September 21, 1993
Appeal from the Supreme Court, New York County (Livingston Wingate, J.).
We find the evidence against defendant to be legally sufficient as we did with respect to his codefendant Samantha Silverman (People v Silverman, 133 A.D.2d 552). Moreover, upon an independent review of the evidence we find that the verdict was not against the weight of the evidence. Defendant's photograph taken at the time of his arrest was properly admitted since he opened the door to its admission during codefendant's direct testimony (see, People v Brown, 62 A.D.2d 715, 723, affd 48 N.Y.2d 921). Defendant's argument that comments made by the prosecutor during summation deprived him of a fair trial is unpreserved with respect to some of the comments (see, People v Medina, 53 N.Y.2d 951, 953), and without merit with respect to the others (see, People v Galloway, 54 N.Y.2d 396).
Concur — Sullivan, J.P., Carro, Ellerin, Kassal and Nardelli, JJ.