Opinion
Argued May 6, 1999
June 21, 1999
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lebowitz, J.), rendered May 20, 1997, convicting him of murder in the first degree, upon a jury verdict, imposing sentence.
Anastasios Sarikas, Astoria, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie and Monique Ferrell of counsel), for respondent.
SONDRA MILLER, J.P., GLORIA GOLDSTEIN, HOWARD MILLER, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the prosecutor's comment during summation concerning the defendant's failure to make certain exculpatory statements to the police was a fair response to defense counsel's summation ( see, People v. Peralta, 172 A.D.2d 155; People v. Rivera, 158 A.D.2d 723; cf., People v. Spinelli, 214 A.D.2d 135, 142).
The defendant's sentence is neither harsh nor excessive ( see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.