Opinion
Submitted May 25, 2000.
September 13, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Naro, J.), rendered November 20, 1998, convicting him of operating a motor vehicle while intoxicated, 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, Nicoletta J. Caferri, and Krystallo Halikiopoulos-Hoffman of counsel), for respondent.
Before: GABRIEL M. KRAUSMAN, J.P., GLORIA GOLDSTEIN, SANDRA J. FEUERSTEIN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's claim that various comments made by the prosecutor during summation constituted reversible error is largely unpreserved for appellate review (see, CPL 470.05; People v. Medina, 53 N.Y.2d 951; People v. Bryant, 163 A.D.2d 406). In any event, the prosecutor's remarks were fair comment on the evidence, fair response to the remarks made by defense counsel during summation, not so egregious as to have denied the defendant a fair trial, or harmless in light of the overwhelming evidence of the defendant's guilt (see, People v. Crimmins, 36 N.Y.2d 230; People v. Sperling, ___ A.D.2d ___ [2d Dept., May 8, 2000]; People v. Patrona, 232 A.D.2d 432; People v. Roopchand, 107 A.D.2d 35, 36, affd 65 N.Y.2d 837).