Opinion
August 28, 1995
Appeal from the Supreme Court, Kings County (Brill, J.).
Ordered that the judgment is affirmed.
The defendant has not preserved for appellate review his contention that reversible error occurred as a result of certain remarks made by the prosecutor during summation (see, CPL 470.05; People v. Nuccie, 57 N.Y.2d 818). In any event, the prosecutor's comments were either fair response to the defense counsel's summation (see, People v. Galloway, 54 N.Y.2d 396; People v. Russo, 201 A.D.2d 512, affd 85 N.Y.2d 872), or harmless in light of the overwhelming evidence of the defendant's guilt and the court's subsequent instructions which served to cure any alleged prejudice (see, People v. Cunningham, 175 A.D.2d 173; People v. Crimmins, 36 N.Y.2d 230). Rosenblatt, J.P., Altman, Hart and Friedmann, JJ., concur.