Opinion
November 25, 1997
Appeal from the Supreme Court, Bronx County (Nicholas Iacovetta, J.).
Nothing in the record casts doubt on the voluntariness of defendant's waiver of the right to testify and there was no reason for the court, sua sponte, to make a personal inquiry of defendant on this matter ( see, People v. Fratta, 83 N.Y.2d 771; People v. Acevedo, 221 A.D.2d 550, lv denied 87 N.Y.2d 970; People v. Richardson, 203 A.D.2d 932, lv denied 84 N.Y.2d 831).
Defendant's claims regarding the prosecutor's summation comments are unpreserved for review ( see, People v. Rivera, 73 N.Y.2d 941, 942), and we decline to review them in the interest of justice. Were we to review these claims, we would find that the prosecutor's comments were responsive to those made by defense counsel that attacked the police officers' motives and credibility ( see, People v. Irizarry, 223 A.D.2d 411, lv denied 88 N.Y.2d 849).
Concur — Ellerin, J.P., Wallach, Nardelli and Mazzarelli, JJ.