Opinion
April 21, 1998
Appeal from the Supreme Court, New York County (Allen Alpert, J.).
Defendant did not preserve his current claim that the prosecutor improperly questioned him regarding certain matters raised during his direct testimony and we decline to review this claim in the interest of justice. Were we to review this claim, we would find the challenged cross-examination to be proper impeachment.
Defendant was not deprived of a fair trial by the challenged portions of the People's summation, which were fair responses to the arguments raised by defense counsel's summation.
We find the sentence excessive to the extent indicated.
Concur — Ellerin, J.P., Wallach, Tom and Andrias, JJ.