People v. Braithwaite

169 A.D.2d 522, 565 N.Y.S.2d 701, 1991 N.Y. App. Div. LEXIS 348

Opinion

Judgment, Supreme Court, New York County (Richard Failla, J.), rendered November 29, 1988, convicting defendant, after a jury trial, of grand larceny in the fourth degree and sentencing him, as a second felony offender, to an indeterminate prison term of IV2 to 3 years, unanimously affirmed.

Defendant’s guilt was proved beyond a reasonable doubt by overwhelming evidence. Defendant’s various challenges to the prosecutor’s summation were unpreserved in a timely manner by appropriate objection, and are waived for review as a matter of law (CPL 470.05 [2]). We decline to review in the interest of justice. Concur—Sullivan, J. P., Rosenberger, Ellerin, Ross and Smith, JJ.