Opinion
December 7, 1987
Appeal from the Supreme Court, Queens County (Lakritz, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the record supports the hearing court's determination that he was not in custody until after probable cause for his arrest on a charge of murder had been established (see, People v Prochilo, 41 N.Y.2d 759; People v Yukl, 25 N.Y.2d 585, 589, cert denied 400 U.S. 851).
No objections were registered to the prosecutor's summation remarks which the defendant now contends were inflammatory and prejudicial. Thus, the issue is not preserved for appellate review, and, under the circumstances of this case, does not warrant consideration under our interest of justice jurisdiction. Rubin, J.P., Kooper, Sullivan and Harwood, JJ., concur.