Citation Codes Equivalent Citations citation codes Docket Number No. 2008-05904. Attorney(S) Lynn W. L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Solomon Neubort, and Bruce Alderman of counsel), for respondent. Judges William F. Mastro Ruth C. Balkin Sandra Sgroi See more information ... Smart Summary Please sign up to generate summary. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID WALSER, Appellant. Ordered that the judgment is affirmed. The defendant's claim that some of the prosecutor's comments during summation were improper and deprived him of a fair trial is unpreserved for appellate review ( see CPL 470.05; People v Valdes, 66 AD3d 925; People v Lino, 65 AD3d 1263; People v Rodari, 2 AD3d 756). In any event, to the extent that any of the challenged comments were improper, they were not so egregious as to deprive the defendant of a fair trial ( see People v Valerio, 70 AD3d 869; People v Franklin, 64 AD3d 614). The defendant's remaining contention is without merit.