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PEOPLE v. ALLAH

Appellate Division of the Supreme Court of New York, Second Department.
Aug 28, 1995

Ordered that the judgment is affirmed.

The defendant has not preserved for appellate review his contention that reversible error occurred as a result of certain remarks made by the prosecutor during summation (see, CPL 470.05; People v. Nuccie, 57 N.Y.2d 818). In any event, the prosecutor's comments were either fair response to the defense counsel's summation (see, People v. Galloway, 54 N.Y.2d 396; People v. Russo, 201 A.D.2d 512, affd 85 N.Y.2d 872), or harmless in light of the overwhelming evidence of the defendant's guilt and the court's subsequent instructions which served to cure any alleged prejudice (see, People v. Cunningham, 175 A.D.2d 173; People v. Crimmins, 36 N.Y.2d 230). Rosenblatt, J.P., Altman, Hart and Friedmann, JJ., concur.