Opinion
Submitted September 25, 2001.
October 15, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ruchelsman, J.), rendered on July 15, 1998, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Tonya Plank of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N Y (Leonard Joblove, Jodi L. Mandel, and Elaine Block of counsel), for respondent.
Before: DAVID S. RITTER, J.P., GLORIA GOLDSTEIN, ANITA R. FLORIO, SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's claims of error with respect to instances of alleged prosecutorial misconduct during the People's summation are unpreserved for appellate review as the defendant failed to object thereto (see, CPL 470.05; People v. Nuccie, 57 N.Y.2d 818; People v. Oreckinto, 253 A.D.2d 896; People v. Vincent, 250 A.D.2d 787).
In any event, the comments of which the defendant complains were either properly responsive to arguments made by defense counsel in his summation or fair comment on the evidence adduced at trial (see, People v. Galloway, 54 N.Y.2d 396; People v. Thomas, 51 N.Y.2d 466; People v. Scotti, 220 A.D.2d 543; People v. Russo, 201 A.D.2d 512).
RITTER, J.P., GOLDSTEIN, FLORIO and TOWNES, JJ., concur.