Opinion
Submitted December 20, 1999
February 24, 2000
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Thomas, J.), rendered November 13, 1995, convicting him of rape in the first degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Paul Liu of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Craig Stephen Brown of counsel), for respondent.
THOMAS R. SULLIVAN, J.P., DANIEL F. LUCIANO, HOWARD MILLER and SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant contends, inter alia, that he was deprived of a fair trial because of prosecutorial misconduct. We agree that several remarks made by the prosecutor, both during cross-examination and in summation, exceeded the bounds of proper advocacy. However, the comments were harmless error because the evidence of guilt was overwhelming and the comments did not deprive the defendant of a fair trial (see, People v. Crimmins, 36 N.Y.2d 230 ; People v. Valdez, 262 A.D.2d 338; [2d Dept., June 1, 199]).
The defendant's remaining contentions are without merit.