Opinion
May 28, 1996
Appeal from the Supreme Court, New York County (Franklin Weissberg, J.).
Having failed to raise any objection during the trial, defendant's claim that the prosecutor's summation improperly suggested that he fabricated his intoxication defense is unpreserved for appellate review ( People v. Balls, 69 N.Y.2d 641), and we decline to review it in the interest of justice. Were we to review it, we would find that none of the challenged comments require reversal, especially in light of the overwhelming evidence of guilt ( People v. Bass, 160 A.D.2d 476, lv denied 76 N.Y.2d 852).
We perceive no abuse of discretion in sentencing.
Concur — Milonas, J.P., Ellerin, Rubin, Kupferman and Ross, JJ.