Opinion
March 16, 1987
Appeal from the County Court, Suffolk County (Mallon, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, we find that the People proved beyond a reasonable doubt all of the requisite elements of assault in the first degree. In addition, we agree with the denial of the defendant's motion to dismiss the third count of the indictment, charging criminal contempt in the second degree, for reasons stated in the trial court's decision (see, People v Hayden, 129 Misc.2d 444), and the proof at the trial also established, beyond a reasonable doubt, the defendant's guilt of this crime.
The defendant failed to object to testimony which constituted evidence of uncharged crimes (see, People v. Rivera, 106 A.D.2d 590). Therefore, the issue has not been preserved for appellate review.
Similarly, as the defendant failed to object to any of the comments made by the prosecutrix during summation, no error of law was preserved for appellate review (see, People v. Oakley, 114 A.D.2d 473), and, in any event, the remarks now complained of on appeal did not deprive the defendant of a fair trial. We have reviewed the defendant's remaining contentions and find them to be without merit. Bracken, J.P., Weinstein, Spatt and Harwood, JJ., concur.