Opinion
April 28, 1994
Appeal from the Supreme Court, New York County (Howard Bell, J.).
Defendant failed to object to any of the prosecutor's summation comments that he now claims deprived him of a fair trial, and thus failed to preserve his current claims of error (CPL 470.05; People v Iannelli, 69 N.Y.2d 684, cert denied 482 U.S. 914). In any event, the prosecutor's comments regarding credibility of the police witnesses were responsive to the defense summation (People v Marks, 6 N.Y.2d 67, cert denied 362 U.S. 912). Although the prosecutor might better have utilized milder terms in summation than "a story" and "a frenzy of lies", his characterization of defendant's testimony as "patently false" was accurate (see, People v Jones, 162 A.D.2d 204, lv denied 76 N.Y.2d 859).
Defendant has withdrawn his argument based on a Sandoval violation.
Concur — Sullivan, J.P., Carro, Ellerin, Wallach and Rubin, JJ.