Opinion
October 31, 1989
Appeal from the Supreme Court, Bronx County (Stephen Barrett, J.).
The only claim raised by defendant relates to purported vouching by the prosecutor during summation, when he said that the two complainants had "no motive to lie" and had testified to "exactly what had happened out there." Counsel never objected or otherwise drew the court's attention to these remarks, and has waived his claim for review as a matter of law (CPL 470.05; People v Love, 57 N.Y.2d 1023, 1025).
There is no reason to review in the interest of justice. Although it would have been better to preface the comments with qualifying language, the comments appropriately responded to defense counsel's comments, and the error is de minimis.
Concur — Kupferman, J.P., Carro, Asch, Rosenberger and Smith, JJ.