Opinion
March 29, 1995
Appeal from the County Court, Nassau County (Dunne, J.).
Ordered that the judgment is affirmed.
The defendant has not preserved for appellate review his contentions that error took place due to the admission of background testimony regarding "buy and bust" operations and due to comments made by the prosecutor during summation (see, CPL 470.05; People v. Fleming, 70 N.Y.2d 947; People v. Nuccie, 57 N.Y.2d 818; People v. Medina, 53 N.Y.2d 951).
In any event, the admission of the background testimony regarding "buy and bust" operations was proper (see, People v Brown, 195 A.D.2d 475; People v. McGee, 193 A.D.2d 624; People v Almodovar, 178 A.D.2d 133). In addition, the prosecutor's comments during summation were either fair comment upon the "four corners of the evidence" (People v. Ashwal, 39 N.Y.2d 105), fair response to the defense counsel's summation (see, People v. Galloway, 54 N.Y.2d 396), or constituted harmless error in light of the overwhelming evidence of the defendant's guilt and the court's subsequent instructions which served to cure any alleged prejudice (see, People v. Basora, 75 N.Y.2d 992; People v Crimmins, 36 N.Y.2d 230).
The sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80). Lawrence, J.P., Santucci, Friedmann and Florio, JJ., concur.