Opinion
September 16, 1997
Appeal from Supreme Court, New York County (Murray Mogel, J.).
Upon our independent review of the facts, we find that the verdict was not against the weight of the evidence ( People v Bleakley, 69 N.Y.2d 490). Credibility issues raised by defendant were properly placed before the jury and we find no reason to disturb its findings ( see, People v. Gaimari, 176 N.Y. 84, 94).
Defendant's claim that comments made by the prosecutor in connection with objections made during defense counsel's summation deprived defendant of a fair trial are unpreserved for appellate review because defendant's belated motion for a mistrial did not allow the court to correct any improper comments at the time they were made ( see, People v. Jackson, 189 A.D.2d 563, lv denied 81 N.Y.2d 887). In any event, were we to review the claim in the interest of justice, we would find that defendant's motion for a mistrial was properly denied. The prosecutor's comments did not imply that drugs were recovered from defendant, and did not result in any prejudice ( see, People v. Melendez, 178 A.D.2d 366, 367, lv denied 79 N.Y.2d 950).
Concur — Milonas, J.P., Rosenberger, Wallach, Nardelli and Rubin, JJ.