Despite some inappropriate and uncalled for comments by the prosecutor in summation, defendant's argument that he was thus deprived of a fair trial was unpreserved either because of failure of timely objection (CPL 470.05), or in those instances where the court sustained defendant's objections, because of failure to make a motion for a mistrial (People v Medina, 53 N.Y.2d 951, 953). Were we to consider defendant's claims in the interest of justice, we would find that the prosecutor's comments such as those concerning the absence of a potential defense witness, and his characterization of the defense as a "doozie" did not deprive defendant of a fair trial (see, People v Paylor, 70 N.Y.2d 146; People v Galloway, 54 N.Y.2d 396, 399).
The jury was properly instructed on how to weigh the past convictions of both defendant and complainant.
Concur — Murphy, P.J., Rosenberger, Ellerin, Kupferman and Kassal, JJ.