Opinion
November 28, 1994
Appeal from the County Court, Westchester County (Herold, J.).
Ordered that the judgment is affirmed.
The defendant contends that he was deprived of a fair trial by several allegedly improper comments that were made by the prosecutor while cross-examining the defense witnesses and during summation. We find that the majority of the challenges to the prosecutor's remarks are unpreserved for appellate review (see, CPL 470.05). In any event, the challenged remarks are, for the most part, fair response to the defendant's summation, fair comment on the evidence, or otherwise proper (see, People v Ashwal, 39 N.Y.2d 105; People v. Holland, 204 A.D.2d 483; People v Lamour, 203 A.D.2d 388). The remaining comments are not so prejudicial as to warrant reversal, especially in light of the County Court's curative instructions and the overwhelming evidence of the defendant's guilt (see, People v. Crimmins, 36 N.Y.2d 230, 237; People v. Galloway, 54 N.Y.2d 396; People v Holland, supra; People v. Lamour, supra).
We have considered the defendant's remaining contentions, including those raised in his supplemental pro se brief, and find them to be without merit. Thompson, J.P., Lawrence, O'Brien and Krausman, JJ., concur.