PEOPLE v. SWIFT

Defendant failed to preserve his challenge to the prosecutor's summation comment on defendant's opportunity to tailor his testimony as a result of hearing the other witnesses and we decline to review it in the interest of justice. Were we to review this claim, we would conclude that the decision of the United States Supreme Court in Portuondo v. Agard ( 529 U.S. 61, 120 S.Ct. 1119) is dispositive of the issues raised by defendant and that there is no basis upon which to reach a different result as a matter of State constitutional law.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.