PEOPLE v. BARTON (2005)

Judgment, Supreme Court, New York County (Lewis Bart Stone, J.), rendered March 31, 2003, convicting defendant, after a jury trial, of criminal possession of stolen property in the third degree and unauthorized use of a vehicle in the second degree, and sentencing him, as a second felony offender, to an aggregate term of 3 1/212 to 7 years, unanimously affirmed.

The court properly exercised its discretion in precluding defendant from making summation comments that lacked a good faith basis and rested on speculation (see People v. Tankleff, 84 N.Y.2d 992, 622 N.Y.S.2d 503, 646 N.E.2d 805 [1994];  People v. Galloway, 54 N.Y.2d 396, 399, 446 N.Y.S.2d 9, 430 N.E.2d 885 [1981] ).   The court's rulings did not impair defendant's right to deliver a summation and present a defense.

Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice.   Were we to review these claims, we would reject them.