Opinion
Argued March 30, 2000.
May 10, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (McDonald, J.), rendered February 25, 1999, convicting him of burglary in the second degree and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Lisa Napoli of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and David Bendik of counsel), for respondent.
WILLIAM C. THOMPSON, J.P., WILLIAM D. FRIEDMANN, ANITA R. FLORIO, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's present claim that various comments made by the prosecutor during summation constituted reversible error is unpreserved for appellate review (see, CPL 470.05; People v. Medina, 53 N.Y.2d 951, 953; People v. Williams, 232 A.D.2d 669; People v. Burrell, 178 A.D.2d 422). In any event, the prosecutor's remarks were fair comment on the evidence or fair response to the comments that defense counsel made during summation (see, People v. Patrona, 232 A.D.2d 432).
Although it was improper for the prosecutor to cross-examine the defendant regarding a criminal charge of which he had been acquitted (see, People v. Schwartzman, 24 N.Y.2d 241, 250; People v. Booker, 134 A.D.2d 949; People v. Francis, 112 A.D.2d 167, 168), here, the error was harmless (see, People v. Schwartzman, supra, 24 N.Y.2d at 250).
The defendant's remaining contention is unpreserved for appellate review.
THOMPSON, J.P., FRIEDMANN, FLORIO and SMITH, JJ., concur.