The radio broadcast by a fellow officer detailing defendant's unlawful conduct, description and location gave the arresting officers probable cause ( see, People v. Lypka, 36 N.Y.2d 210, 213-214). The People also established that defendant abandoned the bag containing 70 glassines of heroin when he tossed it to the ground after seeing the police officers exiting their van with shields displayed as they walked toward him ( see, People v Boodle, 47 N.Y.2d 398, cert denied 444 U.S. 969). Defendant's claims that the prosecutor attempted to shift the burden of proof during her summation are unpreserved for appellate review as a matter of law (CPL 470.05), and we decline to review in the interest of justice in the light of the underlying evidence of defendant's guilt. To the extent otherwise challenged, the summation constituted permissible rhetorical comment ( People v Galloway, 54 N.Y.2d 396), and fair response to defendant's attack on the credibility of the People's witnesses ( People v. Marks, 6 N.Y.2d 67, cert denied 362 U.S. 912).
Concur — Sullivan, J.P., Rubin, Ross, Nardelli and Mazzarelli, JJ.