PEOPLE v. EASTMAN

Defendant's claim concerning the prosecutor's remarks during summation is unpreserved, since defendant offered only an unelaborated, one-word objection to the prosecutor's comment ( see, People v. Balls, 69 N.Y.2d 641). In any event, the challenged portion of the prosecutor's summation fairly commented on the evidence in response to defense arguments ( see, People v Galloway, 54 N.Y.2d 396; People v. Ashwal, 39 N.Y.2d 105, 109). Further, defendant's contention that the arresting officer improperly testified that after defendant's arrest, the undercover officer "did a drive-by ID", was not preserved by his untimely mistrial motion ( People v. Gonzalez, 235 A.D.2d 225, lv denied 89 N.Y.2d 985), and is, in any event, without merit. "This Court has repeatedly held that such testimony is not bolstering" ( People v. Hendricks, 223 A.D.2d 409, 410, lv denied 88 N.Y.2d 966).

Concur — Sullivan, J.P., Milonas, Ellerin, Tom and Mazzarelli, JJ.