Opinion
June 29, 1999.
Appeal from the Supreme Court, Bronx County (John Moore, J.).
By failing to make timely and specific objections, defendant failed to preserve his present challenges to the People's summation and we decline to review them in the interest of justice. Were we to review these claims, we would find that the challenged comments generally constituted fair comment on the evidence in response to the defense summation, which centered mainly on the victim's credibility, and that there was no obdurate pattern of inflammatory remarks warranting reversal ( see, People v. Overlee, 236 A.D.2d 133, lv denied 91 N.Y.2d 976; People v. D'Alessandro, 184 A.D.2d 114, 118-119, lv denied 81 N.Y.2d 884).
The trial court properly exercised its discretion in rejecting defendant's request for a missing witness charge as to two police officers, neither of whom witnessed the incident since defendant's claim that the missing officers would have provided material non-cumulative testimony rests on speculation ( see, People v. Macana, 84 N.Y.2d 173, 180).
Concur — Ellerin, P. J., Mazzarelli, Rubin, Andrias and Buckley, JJ.