Opinion
March 28, 1994
Appeal from the Supreme Court, Kings County (Gerges, J.).
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 A.D.2d 290; CPL 470.05; People v. Fleming, 70 N.Y.2d 947; People v. Balls, 69 N.Y.2d 641, 642; People v. Nuccie, 57 N.Y.2d 818, 819; People v. Galloway, 54 N.Y.2d 396, 401; People v. Arce, 42 N.Y.2d 179, 190).
Finally, the defendant's sentence is not excessive (see, People v. Suitte, 90 A.D.2d 80). Balletta, J.P., Ritter, Copertino and Goldstein, JJ., concur.