Opinion
Submitted October 25, 2001.
November 19, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered September 13, 1999, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Aaron R. Morrill of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Michael Gore of counsel), for respondent.
Before: GABRIEL M. KRAUSMAN, J.P., SONDRA MILLER, NANCY E. SMITH, STEPHEN G. CRANE, JJ.
ORDERED that the judgment is affirmed.
The defendant contends that the Supreme Court improperly admitted irrelevant and prejudicial evidence, and improperly allowed the prosecution to make inflammatory comments during summation. However, the defendant's general objections were insufficient to preserve these contentions for appellate review (see, CPL 470.05; People v. Waters, 90 N.Y.2d 826, 828; People v. Gray, 86 N.Y.2d 10, 19; People v. Nuccie, 57 N.Y.2d 818; People v. Maschi, 49 N.Y.2d 784, 786; People v. Oreckinto, 253 A.D.2d 896; People v. Vincent, 250 A.D.2d 787; People v. Scotti, 220 A.D.2d 543).
In any event, the evidence was properly admitted because it was relevant to the issues that were raised at trial (see, People v. Scarola, 71 N.Y.2d 769, 777; People v. Lewis, 69 N.Y.2d 321, 325), and its probative value was not outweighed by the danger that it would unfairly prejudice the defendant (People v. Scarola, supra, at 777; People v. Alvino, 71 N.Y.2d 233, 242).
Moreover, the comments made by the prosecutor during summation were either properly responsive to arguments made by defense counsel, or a fair comment on the evidence adduced at trial (see, People v. Thomas, 51 N.Y.2d 466; People v. Scotti, supra; People v. Russo, 201 A.D.2d 512, affd 85 N.Y.2d 872; cf., People v. Galloway, 54 N.Y.2d 396).
KRAUSMAN, J.P., S. MILLER, SMITH and CRANE, JJ., concur.