Opinion
December 27, 1994
Appeal from the Supreme Court, New York County (Daniel FitzGerald, J.).
The challenged remarks of the prosecutor were not preserved for appellate review by defendant's belated motion for a mistrial made at the conclusion of summations (People v Bryant, 163 A.D.2d 406, 407). In any event, only one of the remarks challenged in the mistrial motion is raised in the instant appeal. Moreover, the trial court advised counsel that he would emphasize in his charge that the arguments of counsel were not evidence and invited counsel to suggest further instructions. Counsel remained silent and thus did not preserve his contentions for appeal. The comments challenged on appeal do not require reversal in the exercise of interest of justice jurisdiction since they did not exceed the broad bounds of rhetorical comment permissible in closing argument (People v Galloway, 54 N.Y.2d 396, 399).
Concur — Murphy, P.J., Rosenberger, Ellerin, Rubin and Nardelli, JJ.