| People v Mattia |
| 2004 NY Slip Op 04361 [8 AD3d 299] |
| June 1, 2004 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Guy Mattia, Appellant. |
—[*1]Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered November 2, 2000, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's arguments regarding alleged prosecutorial misconduct during summation are largely unpreserved for appellate review (see CPL 470.05 [2]). In any event, the comments alleged to be inflammatory and prejudicial were, for the most part, fair comment on the evidence (see People v Ashwal, 39 NY2d 105 [1976]) or responsive to arguments and theories presented in the defense counsel's summation (see People v Galloway, 54 NY2d 396 [1981]). Any errors were harmless in light of the overwhelming evidence of the defendant's guilt (see People v Crimmins, 36 NY2d 230 [1975]).
The defendant was afforded the effective assistance of counsel (see People v Baldi, 54 NY2d 137 [1981]).
The defendant's remaining contentions, including those raised in his supplemental [*2]pro se brief, are unpreserved for appellate review, and in any event, are without merit. Krausman, J.P., Luciano, Cozier and Spolzino, JJ., concur.