Opinion
December 4, 1997
Appeal from the Supreme Court, New York County (Bernard Fried, J.).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There was ample evidence from which the jury could conclude that defendant injured the victim while in immediate flight from the particular burglary that he had just committed ( see, People v. Slaughter, 78 N.Y.2d 485).
Defendant's belated mistrial motion failed to preserve his challenges to the People's summation ( People v. Jackson, 189 A.D.2d 563, lv denied 81 N.Y.2d 887), and we decline to review them in the interest of justice. Were we to review them, we would find that the challenged remarks were fair comments on the evidence and proper responses to defendant's summation ( see, People v. Galloway, 54 N.Y.2d 396).
Concur — Milonas, J. P., Rubin, Tom, Mazzarelli and Colabella, JJ.