Opinion
April 30, 1992
Appeal from the Supreme Court, Bronx County (Antonio I. Brandveen, J.).
Defendant's argument that he was deprived of a fair trial by the prosecutor's summation is not preserved (People v Moore, 157 A.D.2d 538, lv denied 75 N.Y.2d 968), and we decline to reach it. Were we to consider it in the interest of justice, we would find that the comments in question were a proper and fair response to comments made by the defense (People v Galloway, 54 N.Y.2d 396; People v Rodriguez, 159 A.D.2d 356, lv denied 76 N.Y.2d 795).
In view of the heinous nature of the acts charged, and notwithstanding defendant's age and lack of a prior felony record, the sentence is not excessive (see, People v Junco, 43 A.D.2d 266, 268, affd 35 N.Y.2d 419, cert denied 421 U.S. 951).
Concur — Murphy, P.J., Ellerin, Kupferman, Ross and Rubin, JJ.