PEOPLE v. NIEVES

ORDERED that the judgment is affirmed.

The defendant challenges various questions posed by the prosecutor during her cross examination of him and comments made during summation, and contends that the cumulative effect of the alleged prosecutorial misconduct constituted reversible error. The questions or comments the defendant now challenges are unpreserved for appellate review as they were not objected to at the trial ( see CPL 470.05; People v. Medina, 53 N.Y.2d 951, 953; People v. Sherwood, 279 A.D.2d 486; People v. Portis, 141 A.D.2d 773). In any event, a prosecutor "has broad latitude" in responding to the defense counsel's summation or commenting on the trial testimony ( People v. Cariola, 276 A.D.2d 800). Here, the prosecutor's remarks either were fair response to the defense counsel's summation or fair comment on the trial testimony ( see People v. Cariola, supra). The prosecutor's cross examination of the defendant and comments during summation were not unduly prejudicial ( see People v. Lowery, 281 A.D.2d 491).

The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).

FLORIO, J.P., FRIEDMANN, TOWNES and COZIER, JJ., concur.