Opinion
March 19, 1992
Appeal from the Supreme Court, New York County (Herbert I. Altman, J.).
Upon an independent review of the facts, we find that the verdict was not against the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490). Defendant has not demonstrated that the jury failed to accord the evidence its proper weight, and the jury was entitled to reject defendant's account of the incident. (People v Siu Wah Tse, 91 A.D.2d 350, 352.) Defendant's argument that comments made by the prosecutor during summation deprived him of a fair trial is unpreserved (CPL 470.05), and, in any event, without merit (People v Galloway, 54 N.Y.2d 396).
Concur — Sullivan, J.P., Wallach, Asch, Kassal and Rubin, JJ.