Opinion
October 6, 1997
Appeal from the County Court, Nassau County (Calabrese, J.).
Ordered that the judgment is affirmed.
As the defendant concedes, his contention that certain comments made by the prosecutor in summation were improper is not preserved for appellate review ( see, CPL 470.05). In any event, the prosecutor's statements were either fair comment upon the evidence ( see, People v. Ashwal, 39 N.Y.2d 105) or proper response to defense counsel's summation ( see, People v. Galloway, 54 N.Y.2d 396).
The defendant was not deprived of the effective assistance of counsel ( see, People v. Flores, 84 N.Y.2d 184; People v. Baldi, 54 N.Y.2d 137; People v. Badia, 159 A.D.2d 577).
We note that in the absence of a certificate granting leave to appeal from the denial of the defendant's motion to vacate the judgment of conviction ( see, CPL 440.10), this Court is without jurisdiction to entertain his purported appeal therefrom ( see, CPL 450.15; 460.15; People v. Sorenson, 225 A.D.2d 566).
Mangano, P.J., Rosenblatt, Pizzuto and Luciano, JJ., concur.