Opinion
May 2, 1996
Appeal from the Supreme Court, New York County (Alvin Schlesinger, J.).
Defendant failed to preserve, by specific objection, his present contention that the prosecutor's summation improperly appealed to the jurors' emotions and improperly asserted that defendant had a propensity to commit the crime of which he was charged (CPL 470.05; People v. Balls, 69 N.Y.2d 641), and we decline to review it in the interest of justice. In any event, all of the comments of the prosecutor in summation constituted fair comment on the evidence ( People v. Ashwal, 39 N.Y.2d 105) and a proper response to the arguments of defense counsel ( People v Galloway, 54 N.Y.2d 396). The prosecutor also properly commented on defendant's prior criminal record based on defendant's own trial testimony ( People v. Walker, 83 N.Y.2d 455, 461). The jury is also presumed to have followed the court's instruction that any evidence concerning his prior convictions was admitted solely for the purpose of determining his credibility and was not to be considered for any other purpose ( People v. Davis, 58 N.Y.2d 1102, 1104). Defendant's remaining contentions are without merit.
Concur — Murphy, P.J., Milonas, Williams, Tom and Mazzarelli, JJ.