Opinion
May 27, 1997
Appeal from the County Court, Westchester County (Murphy, J.).
Ordered that the judgment is affirmed.
The defendant's challenges to various remarks made by the prosecutor during his summation are for the most part unpreserved for appellate review (see, CPL 470.05; People v. Williams, 46 N.Y.2d 1070). In any event, most of the complained-of comments were either rhetorically permissible or fair comment on the evidence (see, People v. Galloway, 54 N.Y.2d 396). Furthermore, those remarks that were inappropriate were harmless given the overwhelming evidence of the defendant's guilt (see, People v. Crimmins, 36 N.Y.2d 230).
The trial court properly denied the defendant's request for a missing witness charge in connection with a confidential informant not called by the prosecution. Given the informant's minimal contact with the criminal transactions (see, People v DiBlasio, 150 A.D.2d 482), the defendant failed to demonstrate that the informant was knowledgeable about a material issue in the case (see, People v. Gonzalez, 68 N.Y.2d 424).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
Bracken, J.P., Copertino, Pizzuto and Santucci, JJ., concur.