Opinion
2001-04490.
December 1, 2003.
Appeal by the defendant from a judgment of the County Court, Nassau County (Calabrese, J.), rendered May 4, 2001, convicting him of assault in the first degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
Bruce R. Bekritsky, Mineola, N.Y., for appellant.
Denis Dillon, District Attorney, Mineola, N.Y. (Edward Miller of counsel), for respondent.
Before: ROBERT W. SCHMIDT, THOMAS A. ADAMS, JJ.
DECISION ORDER
The law is well settled that the nature and extent of cross examination are matters within the trial court's sound discretion ( see People v. Hudy, 73 N.Y.2d 40, 56; People v. McGriff, 201 A.D.2d 672, 673). Here, the trial court providently exercised its discretion in permitting the prosecutor to cross-examine the defendant's girlfriend about the removal of the girlfriend's children from her custody by the Nassau County child protective services agency due to physical abuse ( see People v. Ayala, 280 A.D.2d 552; People v. English, 126 A.D.2d 738; People v. Batista, 113 A.D.2d 890).
The defendant's arguments regarding alleged prosecutorial misconduct during summation are largely unpreserved for appellate review ( see CPL 470.05; People v. Hirsch, 299 A.D.2d 559; People v. Mejias, 296 A.D.2d 583, 584). In any event, the challenged remarks constituted fair comment on the evidence ( see People v. Ashwal, 39 N.Y.2d 105), were responsive to arguments presented in the defense counsel's summation ( see People v. Galloway, 54 N.Y.2d 396), or were harmless in light of the overwhelming evidence of the defendant's guilt ( see People v. Crimmins, 36 N.Y.2d 230).
SANTUCCI, J.P., McGINITY, SCHMIDT and ADAMS, JJ., concur.