Opinion
November 30, 1998
Appeal from the Supreme Court, Kings County (Rivera, J.).
Ordered that the judgment is affirmed.
The defendant's claims regarding certain comments made by the prosecutor during summation are for the most part unpreserved for appellate review ( see, CPL 470.05; People v. Tevaha, 84 N.Y.2d 879, 881; People v. Balls, 69 N.Y.2d 641; People v. Scotti, 220 A.D.2d 543). In any event, most of the comments constituted a legitimate response to the defense counsel's summation ( see, People v. Griffith, 231 A.D.2d 530; People v. Rawlings, 144 A.D.2d 500; People v. Miller, 143 A.D.2d 1055), and none of the remarks was so prejudicial as to deprive the defendant of a fair trial ( see, People v. Galloway, 54 N.Y.2d 396).
The court considered appropriate factors in imposing sentence ( see, People v. Barnes, 219 A.D.2d 527; People v. Jackson, 208 A.D.2d 862, 863), and we find no basis for reducing the sentence ( see, People v. Suitte, 90 A.D.2d 80).
Rosenblatt, J. P., Santucci, Altman and Friedmann, JJ., concur.