Opinion
January 25, 1990
Appeal from the Supreme Court, Bronx County (Joseph Mazur, J.).
The prosecutor's unfounded and racially offensive comments made on summation clearly have no place in any trial. However, due to the fact that there is overwhelming proof of guilt, that identification was the central issue in this case and the prosecutor's comments did not bear upon it, the comments made on summation do not merit reversal. (People v. Rivera, 136 A.D.2d 520 [1st Dept 1988].)
Concur — Murphy, P.J., Sullivan, Carro and Rosenberger, JJ.