Opinion
February 23, 2000
Judgment, Supreme Court, New York County (Charles Tejada, J.), rendered February 3, 1997, convicting defendant, after a jury trial, of criminal possession of a weapon in the second degree, assault in the second degree (three counts), criminal sale of a controlled substance in the third degree, and criminal possession of a controlled substance in the third degree (two counts), and sentencing him to an aggregate term of 7 1/2 to 17 1/2 years, unanimously affirmed.
Tami J. Aisenson, for Respondent.
Robert Heilbrun, for Defendant-Appellant.
TOM, J.P., RUBIN, ANDRIAS, BUCKLEY, FRIEDMAN, JJ.
By failing to object or failing to seek any further relief after objections were sustained, defendant failed to preserve his present challenges to the People's summation and we decline to review them in the interest of justice. Were we to review these claims, we would find that the challenged remarks did not deprive defendant of a fair trial (see, People v. Overlee, 236 A.D.2d 134, 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).
Since defendant's challenge to the sufficiency of the evidence supporting the operability of the weapon in question was raised for the first time in a post-verdict motion, it is unpreserved (see, People v. Padro, 75 N.Y.2d 820), and we decline to review it in the interest of justice. Were we to review this claim, we would find that there was ample evidence of operability.
Any error in the court's failure to suppress certain bullets was harmless beyond a reasonable doubt (see, People v. Crimmins, 36 N.Y.2d 230), given the overwhelming evidence of defendant's guilt.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.