Opinion
October 3, 1995
Appeal from the Supreme Court, Bronx County (Vincent Vitale, J.).
Most of the challenged prosecutor's summation comments are unpreserved as a matter of law due to defendant's failure to object (CPL 470.05; People v. Iannelli, 69 N.Y.2d 684, cert denied 482 U.S. 914), and we decline to review them in the interest of justice. In any event, taken in context, they were appropriate responses to the defense summation ( see, People v Marks, 6 N.Y.2d 67, cert denied 362 U.S. 912; People v. Colonna, 135 A.D.2d 724), and within the broad bounds of permissible rhetorical comment ( People v. Galloway, 54 N.Y.2d 396). Moreover, in light of the overwhelming evidence of guilt, impropriety, if any, by the prosecutor in summation would be harmless ( see, People v. Woodwards, 215 A.D.2d 203; People v. Crimmins, 36 N.Y.2d 230).
Concur — Sullivan, J.P., Ellerin, Rubin, Kupferman and Asch, JJ.