Opinion
January 12, 1995
Appeal from the Supreme Court, New York County (Joan Carey, J.).
The evidence that defendant committed an armed robbery of an undercover narcotics officer was clearly sufficient. Defendant concedes that his trial strategy was to create "a credibility contest" between himself and the officer, and the jury's determinations of fact and credibility, supported by the record, will not be disturbed by this Court (People v. Siu Wah Tse, 91 A.D.2d 350, 352, lv denied 59 N.Y.2d 679).
Defendant's current claims that certain of the prosecutor's questions posed to him during cross-examination were improper are not preserved by objection (CPL 470.05). Were we to review in the interest of justice, we would find defendant's current claims of prejudice to be meritless.
Defendant's current claims of prosecutorial misconduct in summation are for the most part unpreserved by objection (CPL 470.05). In any event, when viewed in the context of the defense summation, the comments in question constituted appropriate response (People v. Marks, 6 N.Y.2d 67, cert denied 362 U.S. 912). In all other respects, the prosecutor's summation remarks constituted fair comment on the evidence, presented within the broad bounds of rhetorical comment permissible in closing argument (People v. Galloway, 54 N.Y.2d 396).
Concur — Murphy, P.J., Sullivan, Wallach, Nardelli and Tom, JJ.