Opinion
Submitted May 15, 2001
June 4, 2001
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered December 22, 1999, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (De Nice Powell of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Daniel Schlachet of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., GLORIA GOLDSTEIN, DANIEL F. LUCIANO, THOMAS A. ADAMS, JJ.
ORDERED that the judgment is affirmed.
The defendant's allegations of prosecutorial misconduct during the People's summation are unpreserved for appellate review (see, CPL 470.05; People v. Dien, 77 N.Y.2d 885; People v. Laguer, 235 A.D.2d 495). In any event, most of the prosecutor's remarks were a fair response to statements made by the defense counsel in his summation which attacked the veracity and credibility of the complainant (see, People v. Halm, 81 N.Y.2d 819, 821; People v. Ryant, 278 A.D.2d 345; People v. Colon, 122 A.D.2d 151). Moreover, the evidence of the defendant's guilt was overwhelming, rendering any error harmless (see, People v. Crimmins, 36 N.Y.2d 230).
SANTUCCI, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.