| People v Perry |
| 2009 NY Slip Op 09497 [68 AD3d 1020] |
| December 15, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Derrick Perry, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C.Abbot, and Marilyn Filingeri of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.),rendered May 20, 2008, convicting him of criminal sale of a controlled substance in the thirddegree and criminal possession of a controlled substance in the seventh degree, upon a juryverdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's claims of alleged improprieties in the prosecutor's summation areunpreserved for appellate review, as the defendant failed to raise any objections to the remarkshe now contends were improper (see CPL 470.05 [2]; People v Gray, 86 NY2d10, 19 [1995]; People v Thompson, 62 AD3d 817, 818 [2009]). In any event, the remarksat issue were either fair comment on the evidence (see People v Ashwal, 39 NY2d 105,109-110 [1976]; People v Scrimo, 67 AD3d 825 [2009]; People v Rodriguez, 67AD3d 712 [2009]), or constituted harmless error (see People v Crimmins, 36 NY2d 230,241-242 [1975]; People v Thompson, 62 AD3d at 818). Rivera, J.P., Dillon, Miller andRoman, JJ., concur.