PEOPLE v. GONZALEZ

Contrary to defendant's contention, the prosecutor's comments on summation did not deprive him of his fundamental right to a fair trial (see, People v Arce, 42 N.Y.2d 179, 190-191).

Defendant did not request a charge on flight evidence nor except to its omission. His claim is therefore unpreserved (CPL 470.05; People v Autry, 75 N.Y.2d 836), and we decline to review it in the interest of justice.

Concur — Sullivan, J.P., Rosenberger, Ross, Asch and Rubin, JJ.