Opinion
September 29, 1995
Appeal from the Erie County Court, Rogowski, J.
Present — Lawton, J.P., Fallon, Callahan, Davis and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: Because defendants did not object to the prosecutor's summation, their argument that several of the prosecutor's comments were improper is not preserved for our review (see, CPL 470.05; People v Bruce, 216 A.D.2d 913; People v Gaines, 216 A.D.2d 858; People v Dunbar, 213 A.D.2d 1000, lv denied 85 N.Y.2d 972). In any event, the prosecutor's characterization of the defense's contentions as a "smokescreen" did not exceed the broad bounds of rhetorical comment permissible in closing arguments (see, People v Galloway, 54 N.Y.2d 396, 399).