Opinion
September 29, 1998
Appeal from the Supreme Court, New York County (Felice Shea, J.).
Defendant's contentions that he was deprived of a fair trial by the admission of the complainant's testimony that she sought an order of protection on the day following the sexual assault and by the prosecutor's comment upon this fact in summation have not been preserved for appellate review and we decline to review them in the interest of justice. Were we to review these claims, we would find that the testimony was properly admitted as a "prompt outcry" ( People v. McDaniel, 81 N.Y.2d 10, 16; People v. Fabian, 213 A.D.2d 298, lv denied 85 N.Y.2d 972), and that error in this regard, if any, was harmless.
Concur — Sullivan, J. P., Nardelli, Rubin, Tom and Mazzarelli, JJ.