People v. Mendez

Judgment, Supreme Court, Bronx County (William Wallace, III, J.), rendered May 16, 1991, convicting defendant, after a jury trial, of rape in the first degree, and sentencing him to a term of 5 to 15 years, unanimously affirmed.

Defendant’s claim that the prosecutor’s summation deprived him of a fair trial is unpreserved and we decline to consider it *652in the interest of justice (CPL 470.05 [2]; People v Moses, 178 AD2d 109, lv denied 79 NY2d 922). Were we to consider the issue, we would find the claim to be without merit. The prosecutor’s remarks accurately reflected the opinion testimony of…