Opinion
December 21, 2000.
Judgment, Supreme Court, Bronx County (Robert Cohen, J.), rendered March 12, 1996, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 1/2 to 9 years, unanimously affirmed.
Argiro Kosmetatos, for respondent.
Mark W. Zeno, for defendant-appellant.
Before: Sullivan, P.J., Wallach, Lerner, Andrias, Buckley, JJ.
Defendant's claim of improper summation by the prosecutor is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the prosecutor's attacks on defense counsel's summation did not distract the jury's attention from the issues or deprive defendant of a fair trial (see, People v. Richard, 207 A.D.2d 660, lv denied 84 N.Y.2d 1037; People v. Colon, 172 A.D.2d 173,affd 78 N.Y.2d 998).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.