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THE PEOPLE, ETC., respondent, v. EDWARD CARABALLO, appellant.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, he was not entitled to a hearing with respect to his motion pursuant to CPL 30.30 to dismiss the indictment. The People were ready for trial within six months of the commencement of this criminal action. Thus, the defendant's right to a speedy trial was not violated (see, CPL 30.30[a]).

The majority of the defendant's claimed errors in summation are unpreserved for appellate review. In any event, the prosecutor's remarks either constituted fair response to comments made during the defense counsel's summation (see, People v. Galloway, 54 N.Y.2d 396), fair comment on the evidence (see, People v. Ashwal, 39 N.Y.2d 105), or were harmless in light of the overwhelming evidence 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., H. MILLER, SMITH and COZIER, JJ., concur.

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PEOPLE v. CARABALLO
(Jul 23, 2001)