Opinion
January 22, 1991
Appeal from the Supreme Court, New York County (Dorothy Cropper, J.).
Viewing the evidence in the light most favorable to the People, defendant's guilt was proven beyond a reasonable doubt. (People v Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932.) The taxi driver testified that defendant put a knife to his chest and threatened to stab him if he did not give defendant money, and that defendant snatched the cash in a fight. Defendant testified to a homosexual encounter which went sour. The issue of credibility in respect to the conflicting testimony was for the trier of fact to resolve. (People v Bleakley, 69 N.Y.2d 490.)
Defendant's arguments that on summation the prosecutor denigrated defense counsel, vouched for the credibility of the police officers, and claimed that defendant's testimony was fabricated were unpreserved for appellate review. Even if we were to reach these issues in the interest of justice we would find them to be without merit.
Concur — Murphy, P.J., Carro, Wallach, Kupferman and Asch, JJ.