Opinion
June 18, 1992
Appeal from the Supreme Court, Bronx County (Fred W. Eggert, J.).
Defendant's argument that the prosecutor's summation deprived him of a fair trial is, for the most part, unpreserved and we decline to review it (CPL 470.05). Were we to review in the interest of justice, we would find that the challenged comments do not warrant a new trial in view of the overwhelming evidence of guilt, and in light of the defense summation. We have recently expressed disapproval of comments comparing the defense to a magician performing magic tricks (People v. Torres, 171 A.D.2d 425, lv denied 77 N.Y.2d 1001), and we would also remind prosecutors that they should avoid improper arguments suggesting that a witness testified in order to gain the jury's sympathy (People v. Rivera, 116 A.D.2d 371, 375).
Concur — Sullivan, J.P., Milonas, Rosenberger, Ellerin and Kassal, JJ.