Opinion
April 13, 2000.
Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered June 27, 1997, convicting defendant, after a jury trial, of attempted grand larceny in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.
David S. Weisel, for respondent.
Eric Gottlieb, for defendant-appellant.
SULLIVAN, P.J., NARDELLI, MAZZARELLI, SAXE, JJ.
Defendant's challenges to the prosecutor's summation remarks are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find that the challenged comments did not deprive defendant of a fair trial (see, People v. Overlee, 236 A.D.2d 134 [ 236 A.D.2d 133], lv denied 91 N.Y.2d 976;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.