Opinion
December 19, 1995
Appeal from the Supreme Court, Bronx County (Frank Diaz, J.).
Defendant's claims of prosecutorial misconduct are unpreserved for review either because he did not make timely objections specific to the claims raised on appeal or did not request additional curative relief when objections were made and sustained ( People v Medina, 53 N.Y.2d 951; People v Park, 188 A.D.2d 310, lv denied 81 N.Y.2d 845), and we decline to review the claims in the interest of justice. Were we to review them, we would find that any misconduct was harmless in view of the overwhelming evidence of guilt ( People v Vasquez, 190 A.D.2d 612, lv denied 81 N.Y.2d 1021), including the testimony of eyewitnesses contradicting defendant's claim that he did not intend to shoot the victim but rather four fleeing men who had tried to rob him. We have considered defendant's other arguments and find them to be without merit.
Concur — Sullivan, J.P., Ellerin, Wallach and Rubin, JJ.