Majority
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gerges, J.), rendered January 6, 1992, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
In the early morning hours of April 6, 1991, the defendant, encouraged by the codefendant Jose Santiago, chased a third man into a bodega on Fulton Street in Brooklyn, and shot him with a handgun. The victim eventually died of the gunshot wound to his head and brain.
In the challenge to his conviction, the defendant claims that he was deprived of a fair trial because of the prosecutor’s comments during summation. The defendant’s claims are either unpreserved for appellate review or without merit (see, People v Santiago, 199 AD2d 290 ; CPL 470.05 [2]; People v Fleming, 70 NY2d 947 ; People v Balls, 69 NY2d 641 , 642; People v Nuccie, 57 NY2d 818 , 819; People v Galloway, 54 NY2d 396 , 401; People v Arce, 42 NY2d 179 , 190).
Finally, the defendant’s sentence is not excessive (see, People v Suitte, 90 AD2d 80 ). Balletta, J. P., Ritter, Copertino and Goldstein, JJ., concur.
Cases cited
- People v. Santiago 199 AD2d 290 p. 693
- People v. Fleming 70 NY2d 947 p. 693
- People v. Balls 69 NY2d 641 at 642 p. 693
- People v. Nuccie 57 NY2d 818 at 819 p. 693
- People v. Galloway 54 NY2d 396 at 401 p. 693
- People v. Arce 42 NY2d 179 at 190 p. 693
- People v. Suitte 90 AD2d 80 p. 693