Opinion
October 12, 1995
Judgment, Supreme Court, New York County (Richard Lowe, III, J., at hearings; Michael Obus, J., at trial and sentence), rendered May 13, 1993, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him, as a second felony offender, to a term of 4 1/2 to 9 years, unanimously affirmed. Since defendant did not object to the arresting officer's reference to a conversation with a nontestifying person, the issue as to whether such reference violated defendant's right to confrontation is unpreserved for appellate review as a matter of law ( see, People v. Canty, 208 A.D.2d 405, 406, lv denied 84 N.Y.2d 1029), and we decline to review it in the interest of justice. Were we to review it, we would find that the reference to a 30-second conversation with a woman encountered at the scene who identified herself as the person who made the 911 call, pointed down an alley, and then went inside the building, was appropriate narrative necessary to explain why the officer then proceeded down the alley, where he noticed an open window with a missing security bar and defendant standing inside a disheveled apartment ( see, People v. Perez, 203 A.D.2d 123, 124, lv denied 83 N.Y.2d 970). We have reviewed defendant's argument that he was denied a fair trial by the prosecutor's summation, and find it to be without merit (see, People v McCray, 167 A.D.2d 304, lv denied 77 N.Y.2d 880; People v D'Alessandro, 184 A.D.2d 114, 118-119, lv denied 81 N.Y.2d 884).
Concur — Murphy, P.J., Rubin, Kupferman and Williams, JJ.