Opinion
2000-07155
Submitted September 19, 2002.
October 15, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered July 14, 2000, convicting him of rape in the first degree (five counts), kidnapping in the second degree (four counts), sodomy in the first degree (two counts), attempted sodomy in the first degree, criminal possession of stolen property in the second degree, and sexual abuse in the first degree (six counts), upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Jay L. Weiner of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Anastasia Spanakos of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, HOWARD MILLER, THOMAS A. ADAMS, JJ.
ORDERED that the judgment is affirmed.
The defendant's contention that the prosecutor's summation remarks constituted reversible error is unpreserved for appellate review (see People v. Heide, 84 N.Y.2d 943; People v. Dien, 77 N.Y.2d 885, 886; People v. Medina, 53 N.Y.2d 951). In any event, the prosecutor's remarks were either fair response to the defense counsel's summation (see People v. Stanley, 191 A.D.2d 732) or were harmless in light of the trial court's prompt curative instructions (see People v. Ferguson, 82 N.Y.2d 837) and the overwhelming proof of the defendant's guilt (see People v. Crimmins, 36 N.Y.2d 230).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
ALTMAN, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.