Opinion
October 21, 1985
Appeal from the Supreme Court, Kings County (Fuchs, J.).
Judgment affirmed.
Since defendant did not object to any of the comments made by the prosecutor at the trial, no error of law was preserved for appellate review (see, People v Medina, 53 N.Y.2d 951). In any event, there was not such misconduct as to deny defendant a fair trial. The remark concerning the witness's lack of motivation to lie was a proper comment on his credibility, which was at issue on the trial (see, People v Ashwal, 39 N.Y.2d 105). Nor was it improper to tell the jury that the prosecutor did not know the whereabouts of a potential witness since several times in his summation defense counsel had referred to the failure to call her (see, People v Marks, 6 N.Y.2d 67, cert denied 362 U.S. 912). The other comments were not so prejudicial as to cause the trial to be unfair, especially in light of the overwhelming evidence against defendant (cf. People v Galloway, 54 N.Y.2d 396). Bracken, J.P., Weinstein, Kunzeman and Kooper, JJ., concur.