Opinion
00-07464
Submitted April 5, 2002
May 28, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered December 16, 1999, convicting him of robbery 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, Michael Gore, and Helen M. Polyzos of counsel), for respondent.
CORNELIUS J. O'BRIEN, J.P., WILLIAM D. FRIEDMANN, ROBERT W. SCHMIDT, SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the prosecutor's summation constituted reversible error is unpreserved for appellate review (see People v. Dien, 77 N.Y.2d 885, 886). In any event, the prosecutor's remarks were either fair response to defense counsel's summation (see People v. Stanley, 191 A.D.2d 732) or were harmless in light of the overwhelming proof of the defendant's guilt (see People v. Crimmins, 36 N.Y.2d 230).
O'BRIEN, J.P., FRIEDMANN, SCHMIDT and TOWNES, JJ., concur.