Opinion
July 25, 1988
Appeal from the Supreme Court, Kings County (Miller, J.).
Ordered that the judgment is affirmed.
Since defense counsel did not request a charge on the limited probative value of the evidence of the defendant's flight, did not object to the charge as given and did not request additional instructions after the charge was completed, any alleged error in the court's failure to provide such a charge has not been preserved for our review (see, CPL 470.05; People v Thomas, 50 N.Y.2d 467; People v. Giles, 87 A.D.2d 636; cf., People v. Williams, 66 N.Y.2d 789). The prosecutrix' reference to the defendant's flight during her summation was a fair response to defense counsel's summation and did not deny the defendant due process (People v. Galloway, 54 N.Y.2d 396; People v. Lowen, 100 A.D.2d 518). Kunzeman, J.P., Weinstein, Eiber and Spatt, JJ., concur.