Opinion
March 23, 1987
Appeal from the County Court, Westchester County (Marasco, J.).
Ordered that the judgment is affirmed.
On the instant appeal, the defendant argues that reversible error was committed by the prosecutor in his summation when he allegedly vouched for the credibility of his witnesses and inflamed the jury by his comments (see, People v. Whitehurst, 87 A.D.2d 896; People v. Ashwal, 39 N.Y.2d 105). The defendant's argument must be rejected. The record indicates that defense counsel did not interpose a timely objection to the remarks in the prosecutor's summation of which he now complains and consequently the alleged errors have not been preserved for appellate review (CPL 470.05). In any event, reversal in the interests of justice is not warranted since for the most part, the remarks constituted fair comment on the evidence and the proof of the defendant's guilt was overwhelming (see, People v Scott, 108 A.D.2d 882; People v. Gutierrez, 105 A.D.2d 754). Mangano, J.P., Thompson, Niehoff and Spatt, JJ., concur.