Opinion
February 23, 1993
Appeal from the Supreme Court, Bronx County (Phylis Bamberger, J.).
The comments made by the prosecutor during summation which defendant argues on appeal deprived him of a fair trial are not preserved for appellate review, no objection having been taken thereto at trial (CPL 470.05; People v Balls, 69 N.Y.2d 641), and reversal is not warranted in the interest of justice. While some of the statements were improper (see, People v Torriente, 131 A.D.2d 793, 794-795), their cumulative effect was harmless in view of the overwhelming proof of guilt, including the complainant's positive identification and defendant's inculpatory post-arrest statement that he took the bag.
Concur — Sullivan, J.P., Rosenberger, Wallach and Ross, JJ.