Opinion
June 15, 1995
Appeal from the Supreme Court, New York County (Ronald A. Zweibel, J.).
Defendant's claim that the prosecutor's summation deprived him of a fair trial by improperly commenting on his decision not to testify or present a defense, and by vouching for and bolstering the testimony of the People's witnesses, is largely unpreserved, and in any event without merit. The challenged comments did not shift the burden of proof and were a fair response to a defense summation that implied that the police deliberately arrested an innocent man to satisfy neighborhood complaints ( see, People v Carraquillo, 202 A.D.2d 253, 254, lv denied 84 N.Y.2d 823).
Concur — Sullivan, J.P., Ellerin, Asch, Nardelli and Williams, JJ.