Opinion
December 8, 1986
Appeal from the Supreme Court, Queens County (O'Dwyer, J.).
Ordered that the judgment is affirmed.
We find unpersuasive the defendant's contention that he was denied a fair trial as the result of several alleged instances of prosecutorial misconduct. While the prosecutor improperly asked the defendant on two occasions whether the People's witnesses had been "lying" when they testified (see, e.g., People v Sepulveda, 105 A.D.2d 854; People v. Walston, 99 A.D.2d 847), the trial court promptly sustained objections to both questions, and the defendant did not answer them. Under these circumstances, and in light of the fact that defense counsel did not move for a mistrial or request curative instructions, the defendant was not prejudiced by the remarks.
The defendant's arguments with respect to the remaining instances of alleged misconduct have not been preserved for appellate review as a matter of law (see, People v. Nuccie, 57 N.Y.2d 818; People v. Baldo, 107 A.D.2d 751), and review in the interest of justice is not warranted by the circumstances of this case. Mangano, J.P., Weinstein, Lawrence and Kooper, JJ., concur.