Opinion
November 28, 1989
Appeal from the Supreme Court, New York County (Alvin Schlesinger, J.).
The victim's eyewitness testimony was not improperly bolstered by the testimony of the police officer which, in any event, was brought out during cross-examination by defense counsel. Comments as to the victim's credibility and veracity in the prosecutor's summation did not unduly prejudice the defendant and were fair response to defense counsel's summation. Even though we have considered the merits and affirm on substantive grounds, we note that neither of these points was preserved for appellate review as a matter of law by appropriate objection at trial.
Concur — Kupferman, J.P., Milonas, Kassal and Ellerin, JJ.