People v. Comer

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant maintains that he is entitled to a new trial because of improper comments by the District Attorney during summation or, failing that, that the matter must be remitted to the Appellate Division so that it may exercise its factual review powers and determine whether the jury’s verdict was against the weight of the evidence (see, CPL 470.15 [5]; People v Bleakley, 69 NY2d 490).

Defendant failed to preserve his claims of error on many of the District Attorney’s comments during summation and the court…