Opinion
January 6, 2000
Judgment, Supreme Court, Bronx County (Efrain Alvarado, J.), rendered October 7, 1996, convicting defendant, after a jury trial, of rape in the first degree, sexual abuse in the first degree, attempted rape in the first degree and sodomy in the first degree, and sentencing him to concurrent terms of 2 1/3 to 7 years on the rape conviction and 1 to 3 years on the sexual abuse conviction, to run consecutively to concurrent terms of 2 to 6 years on the attempted rape conviction and 2 1/3 to 7 years on the sodomy conviction, unanimously affirmed.
Stuart P. Levy, for respondent.
Jan Hoth-Uzzo, for defendant-appellant.
NARDELLI, J.P., TOM, MAZZARELLI, ELLERIN, FRIEDMAN, JJ.
Defendant's challenge to the People's summation is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the challenged comments were fair responses to defendant's attack on the complainant's credibility (see, People v. Halm, 81 N.Y.2d 819).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.