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PEOPLE v. BELLAMY

Appellate Division of the Supreme Court of New York, Second Department.
Feb 13, 1990

Ordered that the judgment is affirmed.

Most of the challenged comments made by the prosecutor during his summation were not objected to by defense counsel and therefore, the defendant's claims of error have not been preserved for appellate review (CPL 470.05; People v Dordal, 55 N.Y.2d 954, rearg dismissed 61 N.Y.2d 759). In any event, we find that the comments complained of did not deprive the defendant of a fair trial (People v Galloway, 54 N.Y.2d 396).

In light of the brutality displayed by the defendant, the sentence imposed was neither unduly harsh nor excessive (People v Suitte, 90 A.D.2d 80). Brown, J.P., Rubin, Kooper and Harwood, JJ., concur.