Opinion
December 22, 1986
Appeal from the Supreme Court, Kings County (Schneier, J.).
Ordered that the judgment is affirmed.
The arresting officer had independent probable cause to search the defendant since he observed the defendant holding a tightly wrapped paper bag in which could be distinguished the butt of a gun (see, People v. Prochilo, 41 N.Y.2d 759). Furthermore, contrary to the defendant's assertion, we find that the testimony of the arresting officer at the hearing was not incredible as a matter of law (see, People v. Miller, 124 A.D.2d 599; People v Africk, 107 A.D.2d 700; People v. Garafolo, 44 A.D.2d 86).
In many instances, the defendant failed to properly preserve for appellate review his claims of prosecutorial misconduct by omitting to raise an objection or request further curative instructions during trial (see, People v. Medina, 53 N.Y.2d 951; People v. Walters, 116 A.D.2d 757). In any event, although many of the prosecutor's remarks departed from acceptable professional conduct, they did not deny the defendant a fair trial in light of the overwhelming evidence of his guilt (see, People v. Galloway, 54 N.Y.2d 396; People v. Roopchand, 107 A.D.2d 35, affd 65 N.Y.2d 837). Bracken, J.P., Niehoff, Eiber and Sullivan, JJ., concur.