Opinion
Argued September 8, 2000
October 2, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered January 5, 1999, convicting him of burglary in the second degree and grand larceny in the third degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Barbara Lerner of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Caroline R. Donhauser of counsel), and Paul, Weiss, Rifkind, Wharton Garrison, New York, N.Y. (Joan Malmud of counsel), for respondent (one brief filed).
Before: CORNELIUS J. O'BRIEN, J.P., MYRIAM J. ALTMAN, GABRIEL M. KRAUSMAN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the prosecutor made improper comments during summation is unpreserved for appellate review, as no objections were made at trial (see, CPL 470.05; People v. Gray, 86 N.Y.2d 10, 19; People v. Mapp, 245 A.D.2d 307). In any event, most, if not all, of the prosecutor's comments were a fair response to statements contained in the defense counsel's summation (see, People v. Spratley, 237 A.D.2d 545, 546; People v. Stith, 215 A.D.2d 789; People v. Smith, 181 A.D.2d 927, 928; People v. Cox, 161 A.D.2d 724, 725). Furthermore, in light of the overwhelming evidence of the defendant's guilt, to the extent that any remarks were inappropriate, any error was harmless (see, People v. Reeder, 221 A.D.2d 66 6, 667; People v. Ramsey, 220 A.D.2d 697, 698; People v. Walker, 127 A.D.2d 868, 869).