Opinion
February 28, 1991
Appeal from the Supreme Court, New York County, Thomas Galligan, J., Joan C. Sudolnik, J.
Defendant contends that he was deprived of a fair trial by the cumulative impact of the prosecutor's summation comments, in which the prosecutor denigrated the defense, vouched for his witnesses, shifted the burden of proof, referred to matters outside the record, instructed the jury on the law, and appealed to juror prejudice and emotion. Most of these challenges to the prosecutor's comments are unpreserved, and we decline to review in the interest of justice (CPL 470.05). In the remaining instances, the prejudice to defendant was obviated by the court's prompt curative instructions. Further, any errors were harmless in light of overwhelming evidence of guilt.
Concur — Carro, J.P., Ellerin, Kupferman, Smith and Rubin, JJ.