Opinion
March 21, 1995
Appeal from the Supreme Court, New York County (Felice Shea, J.).
Viewing the evidence in a light most favorable to the People, giving due deference to the jury's findings on credibility, and taking into account the jury's unique ability to evaluate minor inconsistencies in identification testimony, defendant's guilt was proved beyond a reasonable doubt by overwhelming evidence, and the verdict was not against the weight of that evidence (People v. Bleakley, 69 N.Y.2d 490, 494-495).
Defendant's challenges to the prosecutor's summation are unpreserved for review, either by a failure to object, or a failure to appropriately object (People v. Dien, 77 N.Y.2d 885), and we decline to review his challenges in the interest of justice. Similarly, by failing to object to the reasonable doubt instruction, or the supplemental instruction, the defendant failed to preserve those claims (People v. Hoke, 62 N.Y.2d 1022), and we similarly decline to review them in the interest of justice.
Concur — Rosenberger, J.P., Wallach, Kupferman, Asch and Tom, JJ.