Opinion
January 19, 1993
Appeal from the Supreme Court, Kings County (Lipp, J.).
Ordered that the judgment is affirmed.
The defendant claims that his rights were violated when the jury requested trial exhibits, and the court either failed to respond or did so without consulting counsel. Since this claim rests on matters which are not contained in the record, its presentation on direct appeal is improper (see, People v Weinberg, 183 A.D.2d 930).
The defendant also claims that the prosecutor made several impermissible statements during summation which require reversal of the judgment. These contentions are either without merit or unpreserved for appellate review (see, CPL 470.05; People v. Pellechia, 144 A.D.2d 704, 705). In any event, because the evidence against the defendant was overwhelming, any error regarding the prosecutor's summation remarks would be harmless (see, People v. Crimmins, 36 N.Y.2d 230). Lawrence, J.P., Eiber, Miller and Pizzuto, JJ., concur.