Opinion
October 4, 1990
Appeal from the Supreme Court, New York County, Rothwax, J., Galligan, J.
By order dated November 12, 1987 [ 134 A.D.2d 186], this court held defendant's appeal in abeyance and remitted the matter to the Supreme Court for a hearing on defendant's motion to suppress physical evidence. At the conclusion of the hearing, the Supreme Court denied defendant's motion. Appellate counsel now represents to this court that the hearing and decision on the motion to suppress yielded no appellate issues, but renews the contention, originally raised on appeal, regarding the propriety of the prosecutor's summation.
We note initially that most of the comments challenged on appeal were not objected to at trial and, therefore, were not preserved for appellate review (CPL 470.05). In any event, the comments of the prosecutor constituted a fair response to defense counsel's summation (People v. Moran, 154 A.D.2d 322).
Concur — Kupferman, J.P., Carro, Kassal and Rosenberger, JJ.