Opinion
April 18, 1991
Appeal from the Supreme Court, Bronx County (Phylis Bamberger, J.).
The prosecutor's comments on summation, challenged by defendant on appeal, were by and large made in response to statements made by defense counsel during summation and, within the context of this case did not improperly diminish the People's burden of proof. In any event, any error was cured by the trial court's subsequent proper instruction to the jury (see, People v. Bojku, 156 A.D.2d 269, 270, lv denied 75 N.Y.2d 964).
No objection was raised at trial to the prosecutor's comment in which he referred to a Jackie Gleason episode. Therefore, any issue raised with respect thereto is not preserved for appellate review. Were we to consider such statements, in the interest of justice, we would find that the comments did not exceed the bounds of permissible rhetorical comment (see, People v. Ramos, 168 A.D.2d 359) and were a fair response to defense counsel's charge that the People's case was a fabrication (People v Soriano, 166 A.D.2d 187, lv denied 76 N.Y.2d 991).
Concur — Milonas, J.P., Ross, Kassal, Smith and Rubin, JJ.