Opinion
June 19, 1995
Appeal from the Supreme Court, Queens County (Leahy, J.).
Ordered that the judgment is affirmed.
It was improper for the prosecutor to refer to the defendant in his opening statement as a "denizen of the night, dark hat, unkept, unshaven, dirty, disgusting, vile monster" (see, People v. Brosnan, 32 N.Y.2d 254). Nevertheless, in light of the overwhelming evidence of the defendant's guilt, the error was harmless (see, People v. Brosnan, supra).
The defendant failed to preserve for appellate review his objections to the prosecutor's summation (CPL 470.05). In any event, the majority of the prosecutor's statements were fair responses to the defense counsel's summation (see, People v Sumpter, 192 A.D.2d 628), and any of the statements that were inappropriate were harmless error (see, People v. Galloway, 54 N.Y.2d 396).
The defendant's remaining contentions, including those contained in his supplemental pro se brief, are unpreserved for appellate review (see, CPL 470.05) and, in any event, without merit. Sullivan, J.P., Miller, Thompson and Joy, JJ., concur.