Opinion
Submitted November 17, 2000.
December 12, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Greenberg, J.), rendered April 26, 1999, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Barbara Lerner of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Seth M. Lieberman, and Stephen McLeod of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., LEO F. McGINITY, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the prosecutor made improper comments during his summation is unpreserved for appellate review, as the defendant failed to make timely and specific objections during the summation (see, CPL § 470.05; People v. Dien, 77 N.Y.2d 885; People v. Brownridge, 267 A.D.2d 318; People v. Mapp, 245 A.D.2d 307). In any event, although the comments of the prosecutor were less than exemplary, they were made in response to statements by the defense counsel in his summation which questioned the veracity and credibility of the People's witnesses (see, People v. Halm, 81 N.Y.2d 819, 821; People v. Brownridge, supra; People v. Colon, 122 A.D.2d 151). In light of the overwhelming evidence of the defendant's guilt, to the extent that any remarks were improper, they were harmless (see, People v. Crimmins, 36 N.Y.2d 230, 237; People v. Brownridge, supra).