Opinion
December 16, 1997
Appeal from the Supreme Court, New York County (Thomas Galligan, J.).
The court properly admitted evidence of alleged abuse of the complainant during the period from July 1, 1993 to February 4, 1994, as relevant to the charged crime of endangering the welfare of a child during that period (Penal Law § 260.10). In addition, the court properly admitted evidence of uncharged crimes after defendant opened the door to such evidence by eliciting from the complainant, on cross-examination, that she had first reported defendant's conduct to a family member at a time prior to the crimes charged in the indictment, and by raising a credibility issue through questioning as to why the complainant and other family members had failed to protest and promptly report the charged crimes ( see, People v. Melendez, 55 N.Y.2d 445, 451; People v. Mendez, 221 A.D.2d 162, lv denied 87 N.Y.2d 923).
Defendant failed to preserve his current claims regarding various comments made by the prosecutor in summation and we decline to review them in the interest of justice. Were we to review, we would find defendant's contentions to be without merit ( see, People v. Marks, 6 N.Y.2d 67, cert denied 362 U.S. 912).
Concur — Ellerin, J. P., Wallach, Mazzarelli, Andrias and Colabella, JJ.