PEOPLE v. WINTERS

Ordered that the judgment is affirmed.

The defendant's contentions regarding allegedly improper remarks made by the prosecutor during summation are, in part, unpreserved for appellate review ( see, CPL 470.05; People v. Dien, 77 N.Y.2d 885; People v. Santiago, 52 N.Y.2d 865). In any event, all but one of the comments alleged to be prejudicial were fair comment on the evidence ( see, People v. Ashwal, 39 N.Y.2d 105). The one comment that was improper was harmless in light of the overwhelming proof of the defendant's guilt ( see, People v. Crimmins, 36 N.Y.2d 230).

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

Rosenblatt, J. P., Copertino, McGinity and Luciano, JJ., concur.