People v. Gonzalez

198 A.D.2d 162, 605 N.Y.S.2d 846, 1993 N.Y. App. Div. LEXIS 10962

Opinion

—Judgment, Supreme Court, Bronx County (Elbert Hinkson, J.), rendered April 23, 1992, convicting defendant, after a jury trial, of robbery in the first degree and grand larceny in the fourth degree and sentencing him to concurrent terms of from 2 to 6 years and 1 to 3 years, respectively, unanimously affirmed.

Contrary to defendant’s contention, the prosecutor’s comments on summation did not deprive him of his fundamental right to a fair trial (see, People v Arce, 42 NY2d 179, 190-191).

Defendant did not request a charge on flight evidence nor except to its omission. His claim is therefore unpreserved (CPL 470.05 [2]; People v Autry, 75 NY2d 836), and we decline to review it in the interest of justice. Concur — Sullivan, J. P., Rosenberger, Ross, Asch and Rubin, JJ.