Opinion
January 25, 1988
Appeal from the Supreme Court, Kings County (Lombardo, J.).
Ordered that the judgment is affirmed.
The defendant argues that the prosecutrix's summation, including comments made therein about the defendant being represented by two attorneys, deprived him of a fair trial. The record reveals however, that the issue of the propriety of the comments was not preserved for appellate review since either the defendant did not ask for a curative instruction or the court instructed the jury as to the comments. In any event, the court, at the conclusion of both summations and prior to the charge, instructed the jury regarding the summations and emphasized that the number of attorneys a defendant has does not bear on his guilt or innocence. Furthermore, even if some of the remarks were improper, they were harmless in view of the overwhelming evidence of the defendant's guilt (People v Perez, 132 A.D.2d 579). Mangano, J.P., Brown, Rubin and Harwood, JJ., concur.