People v. Simmons

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Dubin, J.), rendered May 17, 1977, convicting him of attempted murder in the second degree, robbery in the first degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

The claim by the defendant that he was deprived of a fair trial because of certain prejudicial remarks made by the prosecutor during summation was not preserved for review as a matter of law (CPL 470.05 [2]; People v Decesare, 112 AD2d 167). Further, there was no objection or…