Opinion
February 10, 2000
Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), rendered June 24, 1997, convicting defendant, after a jury trial, of burglary in the third degree, and sentencing him, as a second felony offender, to a term of 2 3/4 to 5 1/2 years, unanimously affirmed.
Shari R. Michels for the Respondent.
Ian Rose for the Defendant-Appellant.
ROSENBERGER, J.P., WILLIAMS, RUBIN, SAXE, BUCKLEY, JJ.
The court properly exercised its discretion in denying the defense challenge for cause at issue, since the court had the opportunity to witness the venire person and his responses and the totality of those responses established that he harbored no actual bias and would be able to remain impartial (see, People v. Middleton, 220 A.D.2d 202, lv denied 87 N.Y.2d 848).
Each of defendant's challenges to the prosecutor's summation require preservation (see, People v. Burke, 72 N.Y.2d 833, 836), and we decline to review these unpreserved arguments in the interest of justice. Were we to review these claims, we would find that the prosecutor's summation did not deprive defendant of a fair trial (see, People v. D'Alessandro, 184 A.D.2d 114, 118-119, lv denied 81 N.Y.2d 884).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.