Opinion
July 3, 1990
Appeal from the Supreme Court, New York County (Frederic S. Berman, J.).
After forcibly entering the complainants' apartment and threatening to kill them and their baby, defendant and another man stole $1,000 and other property. The complainants saw the defendant about one month later and the police arrested him.
None of defendant's challenges to the prosecutor's summation comments is preserved for appellate review (CPL 470.05), and we decline to reach them in the interests of justice. In any event, the prosecutor's remarks were proper comments on the evidence and directly responsive to defense counsel's summation. (See, People v. Bailey, 155 A.D.2d 262; People v. Moran, 154 A.D.2d 322. ) In addition, an examination of the court's charge reveals that the court adequately conveyed the concept of reasonable doubt. (See, People v. Malloy, 55 N.Y.2d 296, 303.)
Concur — Sullivan, J.P., Rosenberger, Asch and Rubin, JJ.