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The People, etc., respondent, v. Eric Brown, appellant. (Ind. No. 8831/96)

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant contends that the prosecutor made improper statements on summation, including commenting on his decision not to testify. These contentions are unpreserved for appellate review since the defendant failed to make timely and specific objections during the prosecutor's summation (see, CPL 470.05; People v. Gray, 86 N.Y.2d 10, 19; People v. Mapp, 245 A.D.2d 307; People v. Persaud, 237 A.D.2d 538). In any event, many, if not all, of the prosecutor's comments were a fair response to the statements contained in the defense counsel's summation (see, People v. Galloway, 54 N.Y.2d 396, 399; People v. Miller, 220 A.D.2d 778; People v. Stith, 215 A.D.2d 789; People v. Cox, 161 A.D.2d 724, 725; People v. Jakes, 181 A.D.2d 913). Any prejudice to the defendant caused by these comments was dissipated by the court's instructions to the jury (see, People v. Thomas, 147 A.D.2d 725; People v. Rivera, 142 A.D.2d 614, 615). Moreover, in light of the overwhelming evidence of the defendant's guilt, to the extent any remarks were improper, the error was harmless (see, People v. Crimmins, 36 N.Y.2d 230, 237; People v. Dardain, 226 A.D.2d 551; People v. Roccaforte, 141 A.D.2d 775, 776).

SULLIVAN, J.P., FLORIO, LUCIANO and FEUERSTEIN, JJ., concur.

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PEOPLE v. BROWN
(May 1, 2000)