Opinion
Submitted September 26, 2000
October 24, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Schulman, J.), rendered January 19, 1999, convicting him of robbery in the second degree and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence .
Lynn W. L. Fahey, New York, N.Y. (Joshua M. Levine of counsel), for appellant .
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, Johnnette Traill, and David L. Bendik of counsel), for respondent.
Before: DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant contends that reversible error took place when the prosecutor repeatedly asked him during cross-examination why he did not ask his co-arrestees at either the arrest scene, the precinct station house, or the arraignment to exonerate him, and that such error was compounded when the prosecutor referred to the defendant's pretrial silence during summation. Counsel for the defense raised a general objection to the prosecutor's questions on this subject on one occasion, and objections on different grounds on other occasions. These objections are not sufficient to preserve this issue for appellate review (see, People v. West, 212 A.D.2d 651; People v. Blacks, 221 A.D.2d 351; see generally, People v. Qualls, 55 N.Y.2d 733; People v. Odiot, 242 A.D.2d 308). Further, the defendant's claim regarding the prosecutor's summation remarks is similarly unpreserved (see, People v. Gonzalez, 202 A.D.2d 606).
In any event, any error on the part of the prosecutor was rendered harmless in light of the overwhelming evidence of the defendant's guilt (see, People v. Basora, 75 N.Y.2d 992; People v. Covington, 161 A.D.2d 784).