Opinion
2001-01262
Argued September 10, 2002
October 1, 2002
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered February 5, 2001, convicting him of assault in the first degree, burglary in the first degree, criminal possession of a weapon in the fourth degree (two counts), and aggravated criminal contempt, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (David L. Duncan of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Rhea A. Grob of counsel), for respondent.
Before: SANDRA J. FEUERSTEIN, J.P., NANCY E. SMITH, WILLIAM D. FRIEDMANN, THOMAS A. ADAMS, JJ.
ORDERED that the judgment is affirmed.
The defendant's contentions that the prosecutor acted improperly during cross-examination and summation are not preserved for appellate review (see CPL 470.05; People v. Daley, 292 A.D.2d 630; see generally People v. Balls, 69 N.Y.2d 641). In any event, any errors were harmless in light of the overwhelming evidence of the defendant's guilt (see People v. Crimmins, 36 N.Y.2d 230; People v. Vitiello, 285 A.D.2d 480). Additionally, the defendant's contention that the Supreme Court gave erroneous instructions regarding reasonable doubt is unpreserved for appellate review (see CPL 470.05). In any event, the charge, taken as a whole, conveyed to the jury the correct rules to be applied in arriving at a verdict (see People v. Fields, 87 N.Y.2d 821; People v. Bell, 294 A.D.2d 372, lv denied 98 N.Y.2d 694).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).
FEUERSTEIN, J.P., SMITH, FRIEDMANN and ADAMS, JJ., concur.