Opinion
June 9, 1995
Appeal from the Supreme Court, Monroe County, Mark, J.
Present — Pine, J.P., Lawton, Callahan, Davis and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: Defendant failed to preserve for our review his contention that the testimony of police investigators bolstered the credibility of prosecution witnesses who testified that they were present when defendant fatally stabbed the victims (see, CPL 470.05; People v Matusak, 206 A.D.2d 903, lv denied 84 N.Y.2d 908; People v Marks, 182 A.D.2d 1122). We decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see, CPL 470.15 [a]; People v. Matusak, supra, at 903; People v. Valverde, 197 A.D.2d 920, lv denied 82 N.Y.2d 854).
Supreme Court did not err in admitting into evidence either the blood samples from the victims (see, People v. Moyer, 186 A.D.2d 997, lv denied 81 N.Y.2d 844; see also, People v. Julian, 41 N.Y.2d 340, 342-343) or the testimony of a court security deputy regarding a knife that defendant possessed the day before the fatal stabbings. Moreover, even assuming, arguendo, that the court erred in admitting that evidence, any error is harmless because the proof of defendant's guilt is overwhelming and there is no significant probability that, but for that error, the jury would have acquitted defendant (see, People v. Crimmins, 36 N.Y.2d 230, 242).