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THE PEOPLE, ETC., respondent, v. ANDRE GREENE, appellant.

ORDERED that the judgment is affirmed.

The defendant's contention that the prosecutor's summation remarks constituted reversible error is unpreserved for appellate review (see People v. Heide, 84 N.Y.2d 943; People v. Dien, 77 N.Y.2d 885, 886; People v. Medina, 53 N.Y.2d 951). In any event, the prosecutor's remarks were either fair response to the defense counsel's summation (see People v. Stanley, 191 A.D.2d 732) or were harmless in light of the trial court's prompt curative instructions (see People v. Ferguson, 82 N.Y.2d 837) and the overwhelming proof of the defendant's guilt (see People v. Crimmins, 36 N.Y.2d 230).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

ALTMAN, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.

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PEOPLE v. GREENE
(Oct 15, 2002)