Opinion
November 9, 1998
Appeal from the Supreme Court, Kings County (Friedman, J.).
Ordered that the judgment is affirmed.
The defendant's contentions regarding allegedly improper remarks made by the prosecutor during summation are, in part, unpreserved for appellate review ( see, CPL 470.05; People v. Dien, 77 N.Y.2d 885; People v. Santiago, 52 N.Y.2d 865). In any event, all but one of the comments alleged to be prejudicial were fair comment on the evidence ( see, People v. Ashwal, 39 N.Y.2d 105). The one comment that was improper was harmless in light of the overwhelming proof of the defendant's guilt ( see, People v. Crimmins, 36 N.Y.2d 230).
The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).
Rosenblatt, J. P., Copertino, McGinity and Luciano, JJ., concur.