Opinion
2001-05156
Submitted March 7, 2003.
March 31, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ruchelsman, J.), rendered May 11, 2001, convicting him of 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. (Tonya Plank of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Linda Breen of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., SONDRA MILLER, STEPHEN G. CRANE, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that certain comments made by the prosecutor constituted reversible error is unpreserved for appellate review, as defense counsel failed to make timely and specific objections to the allegedly prejudicial remarks (see CPL 470.05; People v. Clemmings, 300 A.D.2d 672; People v. Joseph, 298 A.D.2d 601). In any event, the challenged remarks were responsive to the defense counsel's summation (see People v. Halm, 81 N.Y.2d 819, 821), or were without prejudicial impact because he was acquitted of the felony counts to which the remarks were directed, and he did not contest his possession of the drugs for which he was convicted (see People v. Crimmins, 36 N.Y.2d 230, 241-242; People v. Stith, 291 A.D.2d 576; People v. Stallone, 279 A.D.2d 592, 593).
FLORIO, J.P., S. MILLER, CRANE and RIVERA, JJ., concur.