Opinion
March 17, 1986
Appeal from the Supreme Court, Kings County (De Lury, J.).
Judgment affirmed.
The defendant failed to object to the allegedly improper comments made by the prosecutor in his opening statement and summation or to the charge, and therefore has failed to preserve his contentions for appellate review (see, People v. Nuccie, 57 N.Y.2d 818; People v. Baldo, 107 A.D.2d 751). In any event, we find his arguments to be without merit.
The prosecutor's comments were supported by the evidence and were made in fair response to defense counsel's closing arguments. We also find the trial court's instructions to the jury, when viewed as a whole, adequately explained the concept of reasonable doubt (see, People v. Ortiz, 92 A.D.2d 595; People v Patterson, 76 A.D.2d 891; People v. Turrell, 66 A.D.2d 862, affd 50 N.Y.2d 400, cert denied 449 U.S. 1087). Mangano, J.P., Thompson, Brown and Eiber, JJ., concur.