Opinion
Submitted November 9, 1999
December 13, 1999
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hanophy, J.), rendered May 17, 1995, convicting him of murder in the second degree (two counts), upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Pamela Peters of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Alyson J. Gill, and Gavin Walcott of counsel), for respondent.
DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, GLORIA GOLDSTEIN, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the prosecutor made improper comments during his summation is unpreserved for appellate review, as the defendant failed to make timely and specific objections during the summation (see, People v. Gray, 86 N.Y.2d 10, 19 ; People v. Mapp, 245 A.D.2d 307 ).
In any event, most of the prosecutor's comments were a fair response to statements made in defense counsel's summation (seePeople v. Halm, 81 N.Y.2d 819, 821; People v. Galloway, 54 N.Y.2d 396, 399 ; People v. Colon, 122 A.D.2d 151 ; People v. Saylor, 115 A.D.2d 671 ). In light of the overwhelming evidence of the defendant's guilt, to the extent that any remarks were improper, any error was harmless (see, People v. Crimmins, 36 N.Y.2d 230, 237 ; People v. Roccaforte, 141 A.D.2d 775, 776 ; People v. Dardain, 226 A.D.2d 551 ).
RITTER, J.P., SULLIVAN, GOLDSTEIN, and H. MILLER, JJ., concur.