Opinion
February 18, 1992
Appeal from the Supreme Court, Kings County (Fertig, J.).
Ordered that the judgment is affirmed.
The defendant contends that the prosecutor's summation deprived him of a fair trial. Specifically, he argues that the prosecutor impermissibly vouched for the credibility of the complainant. However, in light of the defense counsel's attack on the complainant's credibility, the alleged improper statements made by the prosecutor in response were fair comment (see, People v Stephens, 156 A.D.2d 604; People v. Estrella, 156 A.D.2d 710; People v. Roberts, 156 A.D.2d 731). The defendant's claim that certain of the prosecutor's remarks were improper because they referred to matters not in evidence is unpreserved for appellate review due to the defendant's failure to make timely objection (see, People v. Tardbania, 72 N.Y.2d 852, 853) or to move for a mistrial on this specific ground (see, People v. Dien, 77 N.Y.2d 885; People v. Medina, 53 N.Y.2d 951, 953). In any event, any error caused by the challenged remarks was harmless in view of the overwhelming proof of the defendant's guilt (see, People v Galloway, 54 N.Y.2d 396; People v. Roopchand, 107 A.D.2d 35, affd 65 N.Y.2d 837). The remaining allegedly objectionable remarks by the prosecutor constituted fair comment on the evidence (see, People v. Aguilera, 156 A.D.2d 698, 700). Mangano, P.J., Sullivan, O'Brien and Ritter, JJ., concur.