PEOPLE v. WATSON

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.