Opinion
1220
May 30, 2002.
Judgment, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered July 10, 2000, convicting defendant, after a jury trial, of criminal possession of a weapon in the second degree, and sentencing him to a term of 5 years, unanimously affirmed.
NANCY D. KILLIAN, for Respondent.
LISA LEWIS, for Defendant-appellant.
Tom, J.P., Mazzarelli, Andrias, Sullivan, Friedman, JJ.
Defendant's challenges to the prosecutor's summation are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find that the prosecutor's comment on defendant's opportunity to tailor his testimony was permissible (People v. Swift, 272 A.D.2d 126, lv denied 95 N.Y.2d 871). We would further find that the other challenged remarks generally constituted fair comment on the evidence and the reasonable inferences to be drawn therefrom, and that there was nothing so egregious as to deny defendant a fair trial (see, People v. Overlee, 236 A.D.2d 133, lv denied 91 N.Y.2d 976; People v. D'Alessandro, 184 A.D.2d 114, 118-119, lv denied 81 N.Y.2d 884).
We perceive no basis for a reduction of sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.