Judgment affirmed.
There was no compelling factor within the meaning of CPL 210.40 which would warrant dismissal of the indictment in the furtherance of justice (see, generally, People v. Viszokai, 99 A.D.2d 519). Inflammatory and otherwise improper comments were made by the prosecutor in summation. However, they were for the most part not excepted to and the proof of guilt is overwhelming. We find that there is no reasonable probability that these comments had an affect on the outcome of the trial ( People v. Galloway, 54 N.Y.2d 396; People v. Roseman, 78 A.D.2d 878, 879). Having registered no exception to the alibi charge delivered by the court, the defendant did not preserve any error therein for review as a matter of law ( People v. Hoke, 62 N.Y.2d 1022), and we are not inclined to review the matter in the interest of justice.
Defendant's remaining contention has been reviewed, and is without merit. Lazer, J.P., Mangano, Gibbons and Niehoff, JJ., concur.