Opinion
April 12, 1999
Appeal from the Supreme Court, Kings County (Pincus, J.).
Ordered that the judgment is affirmed.
The defendant urges on appeal that the inculpatory statement he made to police in this matter should have been suppressed because he had been arrested "on less than probable cause". However, this claim was not an issue in the pretrial hearing in this matter ( see, People v. Laguer, 195 A.D.2d 483, 484-485). The material upon which the defendant relies in support of his contention is dehors the instant record and thus is not properly before us on this appeal ( see, e.g., People v. Harvall, 196 A.D.2d 553, 555).
Of the claimed summation errors preserved for our review ( see, People v. Medina, 53 N.Y.2d 951, 953), none warrants reversal as they were either effectively cured by the court's instructions or were harmless ( see, People v. Valerio, 167 A.D.2d 439, 440; see also, People v. Chang, 129 A.D.2d 722, 723).
The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are without merit.
Santucci, J. P., Sullivan, Florio and McGinity, JJ., concur.