Opinion
September 29, 1995
Appeal from the Erie County Court, Drury, J.
Present — Green, J.P., Lawton, Fallon, Doerr and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: The prosecutor's statements on summation did not constitute improper vouching for the credibility of the police witnesses, but were made "in fair response to statements made by the defense [citation omitted]" (People v Maisonet, 172 A.D.2d 274, lv denied 78 N.Y.2d 969). In light of the lengthy criminal history of defendant, we conclude that his sentence is neither unduly harsh nor severe (see, CPL 470.15 [c]). Finally, we reject the contention that juror misconduct deprived defendant of a fair trial (see, People v Estrada, 191 A.D.2d 286, lv denied 81 N.Y.2d 1013).