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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LYNWOOD WATSON, Also Known as LYNWOOD GARNER, Appellant.

Judgment affirmed.

While we condemn the statement made by the prosecutor during summation that: "The [complaining witness] is a Black male. The defendant is a Black male. I submit to you there is no bias or prejudice in this case" ( see, People v. Green, 89 A.D.2d 874; People v. Hearns, 18 A.D.2d 922; McFarland v. Smith, 611 F.2d 414; see also, People v. Roopchand, 107 A.D.2d 35), since defense counsel did not object to the statement, the error is not preserved for appellate review as a matter of law (CPL 470.05; see, e.g., People v. Nuccie, 57 N.Y.2d 818). Moreover, we have examined the entire record and conclude that defendant received a fair trial. Therefore, there is no basis for reversal in the interest of justice (CPL 470.15 [a]; see, People v Galloway, 54 N.Y.2d 396).

We have examined defendant's remaining contentions and find them to be without merit. Thompson, J.P., Brown, Niehoff and Lawrence, JJ., concur.

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PEOPLE v. WATSON
(Jun 3, 1985)