Opinion
2002-10076.
November 14, 2005.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg, J.), rendered October 24, 2002, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Barry Gene Rhodes, Brooklyn, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Anne C. Feigus of counsel), for respondents.
Before: S. Miller, J.P., Krausman, Goldstein and Covello, JJ., concur.
Ordered that the judgment is affirmed.
The defendant's claim that consolidation of two indictments was improper is unpreserved for appellate review ( see CPL 470.05; People v. Peters, 242 AD2d 930; People v. McFadden, 232 AD2d 660; People v. Minor, 49 AD2d 828). In any event, the defendant was not prejudiced by the consolidation ( see People v. Peters, supra).
Moreover, the defendant's contentions that the prosecutor's summation comments denied him a fair trial are either unpreserved for appellate review ( see CPL 470.05), without merit, or constituted harmless error in light of the overwhelming evidence of the defendant's guilt ( see People v. Crimmins, 36 NY2d 230).
The defendant was not denied the effective assistance of counsel ( see People v. Baldi, 54 NY2d 137).