People v. Rodriguez

226 A.D.2d 177, 641 N.Y.S.2d 532, 1996 N.Y. App. Div. LEXIS 3744

Opinion

Judgment, Supreme Court, New York County (Emily Jane Goodman, J.), rendered December 7, 1992, convicting defendant, after a jury trial, of murder in the second degree and attempted murder in the second degree, and sentencing him, as a second felony offender, to consecutive terms of 20 years to life and 121/2 to 25 years, respectively, unanimously affirmed.

Defendant failed to preserve his present challenges to the prosecutor’s summation, and we decline to review them in the interest of justice. If we were to review, we would reject the claim that the prosecutor mischaracterized the defense, and also find that any improper suggestion of a propensity for violence was harmless in view of the overwhelming evidence of defendant’s guilt. Concur—Milonas, J. P., Wallach, Kupferman, Ross and Williams, JJ.