Opinion
April 29, 1996
Appeal from the Supreme Court, Queens County (Rosenzweig, J.).
Ordered that the judgments are affirmed.
The defendant contends that he was deprived of his right to counsel during a lineup identification procedure. However, he failed to raise or develop this claim until the present appeal, and the record is therefore factually insufficient to permit appellate review of the issue ( see, People v. Kinchen, 60 N.Y.2d 772; People v. Cornelius, 217 A.D.2d 587; People v. Lopez, 160 A.D.2d 335; People v. Donovon, 107 A.D.2d 433).
The defendant has failed to preserve for appellate review his contention that he was prejudiced by certain remarks made by the prosecutor during cross-examination and summation inasmuch as the trial court sustained his objections thereto and the defendant requested no further relief ( see, CPL 470.05; People v. Medina, 53 N.Y.2d 951; People v. Dawson, 50 N.Y.2d 311; People v. Lewis, 175 A.D.2d 885). In any event, while some of those comments would have been better left unsaid, they were harmless under the circumstances of this case ( see, People v Crimmins, 36 N.Y.2d 230; People v. Smith, 199 A.D.2d 439). Sullivan, J.P., Pizzuto, Joy and Krausman, JJ., concur.