PEOPLE v. HERMONSTYNE

ORDERED that the judgment is affirmed.

The defendant's argument that he was prejudiced because of allegedly improper summation remarks by the prosecutor is unpreserved for appellate review (see, People v. Heide, 84 N.Y.2d 943; People v. Elliot, 151 A.D.2d 498). In any event, the majority of the prosecutor's statements were either in response to comments made by defense counsel in his summation (see, People v. Galloway, 54 N.Y.2d 396), or they were a fair comment on the evidence (see, People v. Ashwal, 39 N.Y.2d 105). To the extent that any of the prosecutor's comments constituted error, the Trial Judge acted promptly to remove any prejudicial effect caused thereby (see, People v. Ashwal, supra). Moreover, any errors which may have occurred during the prosecutor's summation were harmless in light of the overwhelming evidence of the defendant's guilt (see, People v. Crimmins, 36 N.Y.2d 230).