Opinion
2001-03530.
Decided January 20, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered April 10, 2001, convicting him of sodomy in the first degree (three counts), sexual abuse in the first degree (three counts), assault in the second degree, petit larceny, and menacing in the third degree, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (De Nice Powell of counsel), for appellant, and appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner of counsel), for respondent.
Before: DANIEL F. LUCIANO SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that he was deprived of a fair trial because the prosecutor improperly injected racial bias into the proceedings is unpreserved for appellate review and, in any event, without merit ( see CPL 470.05; People v. Dien, 77 N.Y.2d 885; People v. Ali, 158 A.D.2d 460).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions, including those raised in his supplemental pro se brief, either are unpreserved for appellate review, without merit, or do not warrant reversal.
RITTER, J.P., S. MILLER, LUCIANO and TOWNES, JJ., concur.