Majority
p. 965The People of the State of New York, Respondent, v Robert Rosenfeld, Appellant. (Appeal No. 2.)
—Judgment unanimously affirmed. Memorandum: Upon our review of the record, we conclude that the verdict is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490 , 495). Defendant has failed to preserve for our review his contention that he was deprived of a fair trial by the cumulative effect of improper comments made by the prosecutor during summation (see, CPL 470.05 [2]; People v Dawson, 50 NY2d 311 , 324; People v Dunn, 158 AD2d 941 , lv denied 76 NY2d 734 ) and we decline to review the issue in the interest of justice (see, CPL 470.15 [6] [a]). (Appeal from Judgment of Onondaga County
p. 966
Court, Burke, J. — Sodomy, 1st Degree.) Present — Denman, P. J., Green, Balio, Boehm and Davis, JJ.
Cases cited
- People v. Bleakley 69 NY2d 490 at 495 p. 965
- People v. Dawson 50 NY2d 311 at 324 p. 965
- People v. Dunn 158 AD2d 941 p. 965