Opinion
2001-04972
Argued February 28, 2003.
March 31, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Chambers, J.), rendered November 9, 2000, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Mae C. Quinn of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Anne C. Feigus, and Marie-Claude P. Wrenn of counsel), for respondent.
Before: GABRIEL M. KRAUSMAN, J.P., SANDRA L. TOWNES, STEPHEN G. CRANE, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court correctly admitted into evidence, as an excited utterance, the audiotape recording of an anonymous eyewitness's initial 911 telephone call to the police (see People v. Brown, 70 N.Y.2d 513; People v. Edwards, 47 N.Y.2d 493; People v. Prashad, 297 A.D.2d 352; see also People v. Buie, 86 N.Y.2d 501).
The defendant's arguments regarding alleged prosecutorial misconduct during summation are largely unpreserved for appellate review (see CPL 470.05). In any event, the comments alleged to be inflammatory and prejudicial were all either fair comment on the evidence (see People v. Ashwal, 39 N.Y.2d 105), responsive to arguments and theories presented in the defense counsel's summation (see People v. Galloway, 54 N.Y.2d 396), or 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.
KRAUSMAN, J.P., TOWNES, CRANE and MASTRO, JJ., concur.