PEOPLE v. BEAULIERE (2007)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered November 13, 2002, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

 The defendant's contention that he was deprived of a fair trial by the introduction of evidence of his pre-arrest silence into evidence is unpreserved for appellate review since he failed to raise that specific objection at trial (see CPL 470.05[2];  People v. Materon, 276 A.D.2d 718, 716 N.Y.S.2d 313;  People v. Davis, 223 A.D.2d 652, 637 N.Y.S.2d 21;  People v. Loaiza, 201 A.D.2d 587, 607 N.Y.S.2d 960).   In any event, the contention is without merit.

 Similarly, the defendant never objected to the prosecutor's summation comments regarding pre-arrest silence.   Therefore, his argument that he was deprived of a fair trial by such comments is unpreserved for appellate review (see People v. Materon, supra;  People v. Salaman, 231 A.D.2d 464, 465, 647 N.Y.S.2d 739;  People v. Johnson, 110 A.D.2d 1057, 488 N.Y.S.2d 913).   In any event, any error with respect to these issues was rendered harmless in light of the overwhelming evidence of the defendant's guilt (see People v. Basora, 75 N.Y.2d 992, 557 N.Y.S.2d 263, 556 N.E.2d 1070;  People v. Henry, 306 A.D.2d 539, 761 N.Y.S.2d 853;  People v. Patellis, 305 A.D.2d 429, 758 N.Y.S.2d 517;  People v. Materon, supra;  People v. Gluckowski, 174 A.D.2d 752, 571 N.Y.S.2d 336).