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.
As corrected through Wednesday, August 25, 2004


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.