Opinion
No. 2008-05433.
December 15, 2009.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered May 20, 2008, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Jonathan K. Youngwood and Elizabeth J. Owen of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Marilyn Filingeri of counsel), for respondent.
Before: Rivera, J.P., Dillon, Miller and Roman, JJ., concur.
Ordered that the judgment is affirmed.
The defendant's claims of alleged improprieties in the prosecutor's summation are unpreserved for appellate review, as the defendant failed to raise any objections to the remarks he now contends were improper ( see CPL 470.05; People v Gray, 86 NY2d 10, 19; People v Thompson, 62 AD3d 817, 818). In any event, the remarks at issue were either fair comment on the evidence ( see People v Ashwal, 39 NY2d 105, 109-110; People v Scrimo, 67 AD3d 825; People v Rodriguez, 67 AD3d 712), or constituted harmless error ( see People v Crimmins, 36 NY2d 230, 241-242; People v Thompson, 62 AD3d at 818).