Opinion
February 24, 1992
Appeal from the Supreme Court, Kings County (Broomer, J.).
Ordered that the judgment is affirmed.
The defendant contends that he was deprived of his due process right to a fair trial as a result of the prosecutor's questions on cross-examination concerning the defendant's use of illegal drugs. This claim is unpreserved for appellate review (CPL 470.05) and, in any event, under the circumstances of this case it lacks merit.
The defendant contends further that various comments made by the prosecutor during summation also deprived him of his due process right to a fair trial. We have considered the comments to which the defendant objects and find that most were fair response to the defense counsel's summation or constituted fair comment on the evidence (People v. Galloway, 54 N.Y.2d 396; People v Ashwal, 39 N.Y.2d 105; People v. Miller, 143 A.D.2d 1055). When instructions were warranted, the court directed the jury to disregard any improper remark (see, People v. Galloway, supra).
Finally, the jury charge, taken in its entirety, adequately conveyed the correct rules for the jury to apply in arriving at its verdict (People v. Vera, 94 A.D.2d 728, 729). Thompson, J.P., Harwood, Balletta and Rosenblatt, JJ., concur.