Opinion
98-10632
Submitted April 29, 2002
June 3, 2002
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lewis, J.), rendered October 14, 1998, convicting him of attempted murder in the second degree (six counts), attempted aggravated assault on a police officer (six counts), and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Lisa Napoli of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Nadja Schulz of counsel), for respondent.
SANDRA J. FEUERSTEIN, J.P., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, STEPHEN G. CRANE, JJ.
ORDERED that the judgment is affirmed.
The defendant's claim that the prosecutor's improper comments during summation constituted reversible error is largely unpreserved for appellate review (see CPL 470.05; People v. Tonge, 93 N.Y.2d 838; People v. Scotti, 220 A.D.2d 543). In any event, the comments and conduct did not exceed the bounds of permissible rhetoric, were properly responsive to the defendant's summation, and were a fair comment on the evidence (see People v. Galloway, 54 N.Y.2d 396; People v. Guerrero, 250 A.D.2d 703; People v. Gamble, 215 A.D.2d 584).
The defendant's remaining contentions are without merit.
FEUERSTEIN, J.P., KRAUSMAN, LUCIANO and CRANE, JJ., concur.