| People v Walser |
| 2010 NY Slip Op 01828 [71 AD3d 706] |
| March 2, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v David Walser, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Solomon Neubort,and Bruce Alderman of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Konviser,J.), rendered June 20, 2008, convicting him of attempted murder in the second degree, assault inthe first degree, and criminal possession of a weapon in the second degree, upon a jury verdict,and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's claim that some of the prosecutor's comments during summation wereimproper and deprived him of a fair trial is unpreserved for appellate review (see CPL470.05 [2]; People v Valdes, 66AD3d 925 [2009]; People vLino, 65 AD3d 1263 [2009]; People v Rodari, 2 AD3d 756 [2003]). In any event, to the extentthat any of the challenged comments were improper, they were not so egregious as to deprive thedefendant of a fair trial (see People vValerio, 70 AD3d 869 [2010]; People v Franklin, 64 AD3d 614 [2009]).
The defendant's remaining contention is without merit. Mastro, J.P., Angiolillo, Balkin andSgroi, JJ., concur.