PEOPLE v. LEE O'NEIL

Judgment unanimously affirmed. Memorandum: Viewed in the light most favorable to the People (see, People v Ford, 66 N.Y.2d 428, 437), the evidence amply supports the verdict. Credibility of the witnesses was for the jury to resolve (see, People v De Tore, 34 N.Y.2d 199, 206-207, cert denied sub nom. Wedra v New York, 419 U.S. 1025; People v Christian, 139 A.D.2d 896, lv denied 71 N.Y.2d 1024), and based upon our independent review of the record the verdict was not contrary to the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490, 495). Defendant waived his right to challenge the evidence seized from his apartment by failing to make a suppression motion (see, CPL 710.70; People v Bertolo, 65 N.Y.2d 111, 121; People v Martinez, 105 A.D.2d 873, 874). In view of the court's curative instructions, the prosecutor's improper comments on summation did not deprive defendant of a fair trial. On this record defendant's sentence is not excessive.