People v. Ayala

Defendant argues that it was improper for the prosecutor to elicit his opinion during cross-examination as to whether the People’s witness lied. Defendant’s challenge to the prosecutor’s cross-examination of him is unpreserved as a matter of law since defense counsel failed to object (People v Ortiz, 165 AD2d 766, lv denied 77 NY2d 998) and we decline to review the claim in the interest of justice. Were we to do so, we would find that reversal would not be warranted. While examination of this kind is improper (supra), the question constituted one isolated incident, and it is highly unlikely…