Opinion
April 8, 1985
Appeal from the Supreme Court, Richmond County (Sangiorgio, J.).
Judgment affirmed and case remitted to the Supreme Court, Richmond County, for further proceedings pursuant to CPL 460.50 (5).
Defendant's contentions with respect to the propriety of the prosecutor's summation have not been preserved for appellate review as a matter of law ( see, CPL 470.05). In any event, we conclude that the allegedly improper remarks did not serve to deprive defendant of fair trial ( see, People v. Roopchand, 107 A.D.2d 35). Titone, J.P., Bracken, Rubin and Lawrence, JJ., concur.