Judgment affirmed.
After viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we conclude that the jury could have found beyond a reasonable doubt that the defendant was guilty of the rape and strangulation murder of Doreen Vitale on October 15, 1981. The hearing court's determination that the defendant was physically capable of giving a voluntary statement to the police following his arrest is supported by the record and will not be disturbed on appeal (see, People v. Gloskey, 105 A.D.2d 871). The defendant's contention that his statement was inadmissible because the police failed to scrupulously honor his right to remain silent (see, People v. Ferro, 63 N.Y.2d 316, cert denied 472 U.S. 1007) is raised for the first time on appeal and thus has not been preserved for appellate review (see, People v. Martin, 50 N.Y.2d 1029; People v. Tutt, 38 N.Y.2d 1011). Also supported by the record is the hearing court's determination that the defendant consented to the taking of his clothing several days before his arrest in connection with a police investigation into an unrelated incident (see, People v. Gonzalez, 39 N.Y.2d 122; People v. Zimmerman, 101 A.D.2d 294).
The prosecutor's remark during the cross-examination of the defendant that he found the defendant's confession credible, which was made in response to the defendant's accusation that it had been fabricated, was clearly improper (see, People v Bailey, 58 N.Y.2d 272). However, the error was harmless in light of the overwhelming evidence of the defendant's guilt. The remainder of the defendant's objections to the prosecutor's conduct at trial are either unpreserved or without merit. Gibbons, J.P., Brown, Weinstein and Kooper, JJ., concur.