Opinion
January 14, 1993
Appeal from the Supreme Court, Bronx County (William Wallace, III, J.).
Defendant's claim that the prosecutor's summation deprived him of a fair trial is unpreserved and we decline to consider it in the interest of justice (CPL 470.05; People v. Moses, 178 A.D.2d 109, lv denied 79 N.Y.2d 922). Were we to consider the issue, we would find the claim to be without merit. The prosecutor's remarks accurately reflected the opinion testimony of the sexual abuse expert as elicited on cross-examination by the defense and repeated on redirect. The prosecutor's contention as to the reason for the mother's failure to immediately report her daughter's rape, while unsupported directly by the mother's own testimony was argument based upon legitimate inference drawn from other evidence in the record. In any event, it was an isolated remark, and, even assuming it to be improper, did not by itself render the trial unfair (cf., People v. Rudolph, 161 A.D.2d 115, 116, lv denied 76 N.Y.2d 795; People v. Contreras, 108 A.D.2d 627, 629).
Concur — Sullivan, J.P., Milonas, Ellerin and Wallach, JJ.