Opinion
January 30, 1989
Appeal from the Supreme Court, Kings County (Feldman, J.).
Ordered that the judgment is affirmed.
The defendant's claim that the court erred in its charge has not been preserved for appellate review (CPL 470.05), and we decline to reach it in the exercise of our interest of justice jurisdiction (see, People v Norwood, 133 A.D.2d 423, 424). Any improper summation commentary by the prosecutor was harmless in light of the overwhelming evidence of guilt. Finally, we find that the defendant's sentence was not excessive. Brown, J.P., Eiber, Sullivan and Harwood, JJ., concur.