Opinion
December 17, 1992
Appeal from the Supreme Court, Bronx County, George Covington, J., Arlene R. Silverman, J.
Giving due deference to the hearing court's evaluation of the witness's credibility (People v Romano, 176 A.D.2d 595, lv denied 79 N.Y.2d 863), we find no basis to disturb its conclusions. The officer did not contradict himself on cross-examination. Rather, the construction which the witness had placed on counsel's question was clarified on re-direct. Defendant failed to preserve any challenge to the chain of custody for the relevant evidence (People v Olin, 186 A.D.2d 74) as well as to the prosecutor's summation (People v Balls, 69 N.Y.2d 641). We decline to review either claim in the interest of justice.
Concur — Milonas, J.P., Ellerin, Kupferman, Ross and Rubin, JJ.