Opinion
5822
January 10, 2002.
Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered June 19, 2000, convicting defendant, after a jury trial, of robbery in the first degree, kidnapping in the second degree, robbery in the second degree (two counts) and endangering the welfare of a child, and sentencing him, as a second felony offender, to concurrent terms of 10 years, 10 years, 5 years, 5 years and time served, respectively, unanimously affirmed.
GINA MIGNOLA, for the people.
RICHARD L. HERZFELD, for defendant-appellant.
Before: Nardelli, J.P., Williams, Saxe, Wallach, Friedman, JJ.
The question-by-question procedure used to confer immunity upon a prosecution witness was completely appropriate (Matter of Brockway v. Monroe, 59 N.Y.2d 179, 186-187). Defendant's claim that the court's failure to employ an expedited, transactional approach interfered with cross-examination and impaired the jury's ability to evaluate the testimony rests on speculation. We note in any event that the court ultimately simplified the question-by-question procedure.
The challenged portions of the People's summation constituted fair comment on the evidence in response to defense arguments and did not deprive defendant of a fair trial (see, People v. Overlee, 236 A.D.2d 133,lv denied 91 N.Y.2d 976; People v. D'Alessandro, 184 A.D.2d 114, 118-119, lv denied 81 N.Y.2d 884). The prosecutor was careful to avoid shifting the burden of proof.
Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.