Opinion
No. 2003-10987.
October 3, 2006.
Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Copertino, J.), rendered December 1, 2003, convicting him of burglary in the third degree, upon a jury verdict, and imposing sentence.
Before: Florio, J.P., Skelos, Fisher and Dillon, JJ., concur.
Ordered that the judgment is affirmed.
The defendant's claim that the prosecution engaged in misconduct during cross-examination and on summation is unpreserved for appellate review ( see CPL 470.05; People v Tonge, 93 NY2d 838; People v Pearson, 29 AD3d 711; People v Aponte, 28 AD3d 672).
In any event, any error was harmless in light of the over-whelming evidence of the defendant's guilt ( see People v Hernandez, 248 AD2d 727; People v Palmer, 222 AD2d 532, 533; People v Douglas, 149 AD2d 613).