Opinion
February 17, 2000
Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J.), rendered March 17, 1997, convicting defendant, after a jury trial, of criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to a term of 6 to 12 years, unanimously affirmed.
Kenneth C. Rudd, for Respondent.
Joanne Legano Ross, for Defendant-Appellant.
ROSENBERGER, J.P., WILLIAMS, ELLERIN, SAXE, JJ.
"By failing to object, or by making only generalized objections, or by failing to request further relief after objections were sustained, defendant has failed to preserve his current claims regarding various comments made by the prosecutor in summation" (People v. Pequero, 249 A.D.2d 134, 135, lv denied 92 N.Y.2d 858), and we decline to review them in the interest of justice. Were we to review such claims, we would find that the comments were generally based on the evidence and were responsive to the summation of defense counsel (see, People v. Overlee, 236 A.D.2d 134, lv denied 91 N.Y.2d 976). Although the prosecutor's comment, "what I consider to be the truth", should not have been said, this isolated statement did not serve to deprive defendant of a fair trial (see,People v. D'Alessandro, 184 A.D.2d 114, lv denied 81 N.Y.2d 884).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.