Defendant's claim that he was denied a fair trial by the questions and comments on his pretrial silence is unpreserved for appellate review as a matter of law for failure to object (CPL 470.05; People v. Holland, 174 A.D.2d 508, 510, lv denied 78 N.Y.2d 1011), and we decline to review it in the interest of justice. Were we to review the claim, we would find that defendant's failure to contact the police after learning that the victim had been shot in the altercation was proper rebuttal to defendant's theory of self-defense ( see, People v. Kearse, 177 A.D.2d 392, lv denied 79 N.Y.2d 1003), especially in light of his subsequent trip to Florida, and that any error in this regard was in any event harmless in view of the overwhelming evidence of defendant's guilt.
Concur — Ellerin, J.P., Wallach, Ross, Asch and Mazzarelli, JJ.