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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RODOLFO MAYEA, Appellant.

The trial court properly modified its Sandoval ruling by allowing the prosecutor to cross-examine defendant on his prior manslaughter conviction when, on direct examination, defendant gave misleading testimony about that conviction ( see, Harris v New York, 401 U.S. 222, 225-226; People v. Santiago, 169 A.D.2d 557, lv denied 77 N.Y.2d 1000). Defendant's general objection to the prosecutor's summation did not preserve his present claims with respect thereto ( People v. Balls, 69 N.Y.2d 641), and we decline to review them in the interest of justice. In any event, if we were to review, we would find that the challenged comments were responsive to defense counsel's summation ( see, People v Galloway, 54 N.Y.2d 396, 399), did not make the prosecutor an unsworn witness, and properly urged consideration of relevant facts bearing on defendant's credibility.

Concur — Milonas, J.P., Kupferman, Ross and Tom, JJ.

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PEOPLE v. MAYEA
(Apr 25, 1996)