SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT
December 15, 2009
THE PEOPLE, ETC., RESPONDENT,
DERRICK PERRY, APPELLANT.
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 third degree and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
REINALDO E. RIVERA, J.P., MARK C. DILLON, HOWARD MILLER and SHERI S. ROMAN, JJ.
(Ind. No. 10306/07)
DECISION & ORDER
ORDERED that the judgment is affirmed.
The defendant's claims of alleged improprieties in the prosecutor's summation are unpreserved for appellate review, as the defendant failed to raise any objections to the remarks he now contends were improper (see CPL 470.05; People v Gray, 86 NY2d 10, 19; People v Thompson, 62 AD3d 817, 818). In any event, the remarks at issue were either fair comment on the evidence (see People v Ashwal, 39 NY2d 105, 109-110; People v Scrimo,AD3d, 2009 NY Slip Op 08247 [2d Dept 2009]; People v Rodriguez,AD3d, 2009 NY Slip Op 08044 [2d Dept 2009]), or constituted harmless error (see People v Crimmins, 36 NY2d 230, 241-242; People v Thompson, 62 AD3d at 818).
RIVERA, J.P., DILLON, MILLER and ROMAN, JJ., concur.
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