Opinion
April 10, 1990
Appeal from the Supreme Court, Bronx County (Bonnie Wittner, J.).
Defendant contends that he was deprived of a fair trial by the prosecutor's summation during which he alluded to facts not in evidence and during which he bolstered the testimony of the police officers. No objection was made to two of these comments and thus defendant has waived appellate review (CPL 470.05; People v. Rivera, 73 N.Y.2d 941). The challenge to the remaining statements has also been waived for failure of counsel to elaborate on a one-word objection (People v. Balls, 69 N.Y.2d 641). These matters have not been preserved for review as a matter of law, and we decline to reach them. Were we to consider them in the interest of justice, we would nonetheless affirm, finding them to be without merit. The comments were either responsive to those of defense counsel (People v. Galloway, 54 N.Y.2d 396) or fair commentary on the evidence (People v. Ashwal, 39 N.Y.2d 105). Further, the court's charge which, inter alia, instructed the jurors that their recollection, understanding and evaluation of the evidence and not the statements of counsel were controlling was sufficient to dispel the effect of any alleged bolstering or misstatement (People v. Comer, 73 N.Y.2d 955, 956-957).
Concur — Murphy, P.J., Ross, Rosenberger, Asch and Ellerin, JJ.