Majority
—Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered January 11, 1996, convicting defendant, after a jury trial, of kidnapping in the second degree, two counts of burglary in the first degree, robbery in the first degree, robbery in the second degree, and two counts of assault in the second degree, and sentencing him, as a persistent violent felony offender, to concurrent terms of 25 years to life on the kidnapping, burglary and first degree robbery convictions, 8 years to life on the second degree robbery conviction and 6 years to life on the assault convictions, unanimously affirmed.
The record indicates that the court’s rulings throughout the trial were appropriate and designed “to keep the proceedings within the reasonable confines of the issues and to encourage clarity rather than obscurity in the development of proof’ (People v Moulton, 43 NY2d 944 , 945). In the instances where the court rebuked defense counsel, whether or not in the presence of the jury, the situation was created by counsel’s tactics and did not deprive defendant of a fair trial (see, People v Gonzalez, 38 NY2d 208 ).
Defendant’s current claims of error in connection with the prosecutor’s summation are unpreserved. Were we to review them in the interest of justice, we would find that the com-
We perceive no abuse of discretion in sentencing.
Concur— Lemer, P. J., Sullivan, Rosenbeger, Nardelli and Andidas, JJ.
Cases cited
- People v. Moulton 43 NY2d 944 at 945 p. 252
- People v. Gonzalez 38 NY2d 208 p. 252
- People v. Overlee 236 AD2d 133 p. 253
- People v. Galloway 54 NY2d 396 p. 253
- People v. Davis 58 NY2d 1102 p. 253