PEOPLE v. RODRIGUEZ

Ordered that the judgment is affirmed.

The hearing court properly denied that branch of the defendant's omnibus motion which was to suppress physical evidence ( see People v Blasich, 73 NY2d 673, 678; People v Martin, 28 AD3d 583, 584; People v Parris, 26 AD3d 393, 394). Further, the trial court correctly determined that a statement made by the defendant's brother before his death was not admissible as a dying declaration ( see People v Nieves, 67 NY2d 125, 132; People v Becker, 215 NY 126, 145 [1915]; People v Acomb, 87 AD2d 1, 10).

The defendant failed to preserve for appellate review his contention that certain comments made by the prosecutor during summation deprived him of a fair trial because he failed to object to the subject remarks ( see CPL 470.05; People v Lanier, 53 AD3d 588, 589). In any event, the challenged remarks were fair comment on the evidence and responsive to defense counsel's summation ( see People v Rudd, 62 AD3d 729, lv denied 12 NY3d 929; People v Capehart, 61 AD3d 885, 887, lv denied 13 NY3d 742).