People v. Staples

—Judgment unanimously affirmed. Memorandum: The contention that the prosecutor improperly commented during summation on defendant’s failure to testify was not preserved for review (see, CPL 470.05 [2]; People v Dien, 77 NY2d 885, 886). We decline to review that contention as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). In any event, the contention is without merit. The prosecutor’s comment that certain testimony is "unchallenged” does not constitute a *1053comment on defendant’s failure to testify (see, People v Watson, 188 AD2d 315, Iv denied 81 NY2d 849).

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