Opinion
November 30, 1998
Appeal from the Supreme Court, Richmond County (Kuffner, J.).
Ordered that the judgment is affirmed.
The defendant has not preserved for appellate review his claim that the prosecutor referred to matters not in evidence. Although counsel for the codefendant moved for a mistrial on this issue, counsel for the defendant did not ( see, CPL 470.05; People v. Witherspoon, 157 A.D.2d 811).
In any event, we find no merit to this claim or to the defendant's remaining claim of prosecutorial misconduct. The prosecutor's remarks during summation were either fair comment regarding matters within the "four corners of the evidence" ( People v. Ashwal, 39 N.Y.2d 105), fair response to the defense counsel's summation ( see, People v. Galloway, 54 N.Y.2d 396), or constituted harmless error in light of the overwhelming evidence of the defendant's guilt ( see, People v. Crimmins, 36 N.Y.2d 230).
The defendant's remaining contentions are without merit.
Rosenblatt, J. P., Santucci, Altman and Friedmann, JJ., concur.