Opinion
2003-04655.
April 18, 2006.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lewis, J.), rendered May 20, 2003, convicting him of assault in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (Tonya Plank of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Vered Adoni of counsel), for respondent.
Before: Miller, J.P., Spolzino, Lifson and Dillon, JJ., concur.
Ordered that the judgment is affirmed.
The defendant's contention that the prosecutor made statements during summation which deprived him of a fair trial is without merit. The challenged remarks were a fair response to the defendant's summation ( see People v. Galloway, 54 NY2d 396; People v. Horne, 6 AD3d 549), fair comment on the evidence ( see People v. Ashwal, 39 NY2d 105), or harmless in light of the overwhelming evidence of the defendant's guilt and the court's curative instructions ( see People v. Crimmins, 36 NY2d 230; People v. Horne, supra).