Opinion
No. 2002-10709.
January 9, 2007.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered November 13, 2002, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Sholom J. Twersky of counsel; Katherine Strode on the brief), for respondent.
Before: Schmidt, J.P., Santucci, Lifson and Covello, JJ.
Ordered that the judgment is affirmed.
The defendant's contention that he was deprived of a fair trial by the introduction of evidence of his pre-arrest silence into evidence is unpreserved for appellate review since he failed to raise that specific objection at trial ( see CPL 470.05; People v Materon, 276 AD2d 718; People v Davis, 223 AD2d 652; People v Loaiza, 201 AD2d 587). In any event, the contention is without merit.
Similarly, the defendant never objected to the prosecutor's summation comments regarding pre-arrest silence. Therefore, his argument that he was deprived of a fair trial by such comments is unpreserved for appellate review ( see People v Materon, supra; People v Salaman, 231 AD2d 464, 465; People v Johnson, 110 AD2d 1057). In any event, any error with respect to these issues was rendered harmless in light of the overwhelming evidence of the defendant's guilt ( see People v Basora, 75 NY2d 992; People v Henry, 306 AD2d 539; People v Patellis, 305 AD2d 429; People v Materon, supra; People v Gluckowski, 174 AD2d 752).