Majority
Appeal by defendant from a judgment of the Supreme Court, Kings County (Alfano, J.), rendered February 23, 1984, convicting him of attempted robbery in the first degree, upon a jury verdict, and imposing sentence.
Judgment affirmed.
The evidence adduced at trial, viewed in the light most favorable to the People (People v Malizia, 62 NY2d 755 , cert denied — US —, 105 S Ct 327 ; People v Benzinger, 36 NY2d 29 ), is sufficient to sustain the conviction. Moreover, defendant’s claim that he was deprived of a fair trial as a result of certain remarks made by the prosecutor during summation has not been preserved for review as a matter of law (People v Santiago, 52 NY2d 865 ; People v Jalah, 107 AD2d 762 ; People v Thompson, 97 AD2d 554 ) and, in any event, lacks merit. Bracken, J. P., O’Connor, Rubin and Kunzeman, JJ., concur.
Cases cited
- People v. Malizia 62 NY2d 755 p. 167
- People v. Benzinger 36 NY2d 29 p. 167
- People v. Santiago 52 NY2d 865 p. 167
- People v. Thompson 97 AD2d 554 p. 167