Opinion
September 14, 1998
Appeal from the Supreme Court, Kings County (Lipp, J.).
Ordered that the judgment is affirmed.
The defendant's contentions that certain remarks made by the prosecutor during summation constitute reversible error are, for the most part, unpreserved for appellate review ( see, CPL 470.05; People v. Zephir, 226 A.D.2d 408). In any event, the comments made by the prosecutor during summation were either fair comment on the evidence, permissive rhetorical comment, responsive to the defendant's summation ( see, People v. Ashwal, 39 N.Y.2d 105; People v. Turner, 214 A.D.2d 594), or were not so prejudicial as to constitute reversible error in light of the overwhelming evidence of the defendant's guilt ( see, People v. Crimmins, 36 N.Y.2d 230).
Miller, J. P., Krausman, McGinity and Luciano, JJ., concur.