Opinion
September 26, 2000.
Judgment, Supreme Court, New York County (Martin Rettinger, J.), rendered April 6, 1999, convicting defendant, after a jury trial, of robbery in the third degree and grand larceny in the fourth degree, and sentencing him, as a second felony offender, to concurrent terms of 3-1/2 to 7 years and 2 to 4 years, respectively, unanimously affirmed.
Alan Gadlin, for respondent.
Bridget Gauntlett, for defendant-appellant.
Before: Rosenberger, J.P., Nardelli, Tom, Mazzarelli, Rubin, JJ.
Defendant's various challenges to the People's summation are unpreserved, and we decline to review them in the interest of justice. Were we to review these claims, we would find that the remarks in question were fair inferences drawn from the evidence and were proper when viewed in the context of defendant's testimony and summation (see, People v. Overlee, 236 A.D.2d 134, lv denied 91 N.Y.2d 976).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.