Opinion
1771
October 8, 2002.
Judgment, Supreme Court, Bronx County (Steven Barrett, J.), rendered October 18, 1999, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.
MELISSA R. DIPALO, for respondent .
SUSAN EPSTEIN, for defendant-appellant.
Before: Andrias, J.P., Saxe, Buckley, Lerner, 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 challenged portions of the summation were based on the evidence and responsive to defense arguments, and did not, when viewed in context, impugn the defense or constitute improper vouching for prosecution witnesses (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).
Defendant's remaining contention is also unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the evidence that defendant challenges as implicit hearsay was properly admitted as background evidence establishing the events leading up to defendant's arrest (see People v. Tosca, 98 N.Y.2d 660; People v. Rivera, 96 N.Y.2d 749).
We perceive no basis for a reduction of sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.