Opinion
October 19, 1998
Appeal from the Supreme Court, Queens County (Flug, J).
Ordered that the judgment is affirmed.
The defendant's objections to the prosecutor's summation comments are unpreserved for appellate review ( see, CPL 470.05; People v. Comer, 73 N.Y.2d 955; People v. Medina, 53 N.Y.2d 951; People v. Scotti, 220 A.D.2d 543), or without merit.
Following a hearing, the trial court properly denied the defendant's motion to set aside the verdict based on a juror's testimony regarding the tenor of the jury's deliberations ( see, People v. Brown, 48 N.Y.2d 388, 393; People v. Redd, 164 A.D.2d 34; People v. Smalls, 112 A.D.2d 173; see also, People v. Silverman, 239 A.D.2d 445; People v. McKenzie, 173 A.D.2d 493).
The defendant's contention regarding the court's jury instructions is unpreserved for appellate review ( see, CPL 470.05).
The defendant's sentence was not excessive ( see, People v. Suitte, 90 A.D.2d 80).
O'Brien, J. P., Sullivan, Pizzuto and Florio, JJ., concur.