Opinion
December 12, 1988
Appeal from the Supreme Court, Kings County (O'Brien, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the prosecutor improperly commented on his failure to testify by referring to some of the evidence adduced as uncontroverted has not been preserved for appellate review (see, People v Medina, 53 N.Y.2d 951). Reversal is not warranted in the interest of justice, as neither those comments nor the other portions of the prosecutor's summation to which the defendant takes exception deprived him of a fair trial. Mangano, J.P., Thompson, Brown and Kunzeman, JJ., concur.