Opinion
June 17, 1999.
Appeal from the Supreme Court, New York County (Antonio Brandveen, J.).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. We see no reason to disturb the jury's determinations concerning credibility and identification.
The People's summation argument that the police lacked any motive to engage in a "frameup" was a proper response to the defense summation ( see, People v. Overlee, 236 A.D.2d 133, lv denied 91 N.Y.2d 976). Defendant's remaining challenges to the People's summation are unpreserved due to lack of objection or lack of specific objection, and we decline to review them in the interest of justice. Were we to review these claims, we would find no basis for reversal ( see, People v. D'Alessandro, 184 A.D.2d 114, 118-119, lv denied 81 N.Y.2d 884).
We perceive no abuse of sentencing discretion.
Concur — Sullivan, J. P., Nardelli, Mazzarelli, Rubin and Andrias, JJ.