Opinion
2000-02018
Submitted October 18, 2002.
November 18, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Erlbaum, J.), rendered January 27, 2000, convicting him of assault in the second degree, criminal possession of a weapon in the fourth degree, and resisting arrest, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (John Gemmill of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Susan Lee Kim of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., SANDRA J. FEUERSTEIN, CORNELIUS J. O'BRIEN, DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's objections to the allegedly prejudicial comments made by the prosecutor in his cross-examination of defense witnesses and his summation are largely unpreserved for appellate review (see CPL 470.05), or are without merit (see People v. Galloway, 54 N.Y.2d 396; People v. Ashwal, 39 N.Y.2d 105). Moreover, the trial court sustained objections made by the defense counsel to those comments which were improper, and gave curative instructions to the jury. While the prosecutor did imbue his cross-examination as well as his summation remarks with sarcasm, this did not require reversal (see People v. Overlee, 236 A.D.2d 133) . Any errors regarding the prosecutor's cross-examination of defense witnesses or on summation were harmless in light of the overwhelming evidence of the defendant's guilt (see People v. Crimmins, 36 N.Y.2d 230).
The defendant's remaining contentions are without merit.
SANTUCCI, J.P., FEUERSTEIN, O'BRIEN and LUCIANO, JJ., concur.