Opinion
October 2, 1995
Appeal from the Supreme Court, Queens County (Fisher, J.).
Ordered that the judgment is affirmed.
The defendant has failed to preserve for appellate review his contention that he was prejudiced by the prosecutor's improper comments during summation (see, CPL 470.05; People v Balls, 69 N.Y.2d 641; People v. Nuccie, 57 N.Y.2d 818), and we decline to reach the issue in the exercise of our interest of justice jurisdiction.
The defendant's sentence is neither harsh nor excessive under the circumstances of this case (see, People v. Suitte, 90 A.D.2d 80). Mangano, P.J., Bracken, Balletta and Hart, JJ., concur.