Opinion
March 11, 1991
Appeal from the Supreme Court, Queens County (Giaccio, J.).
Ordered that the judgment is affirmed.
Remarks made by the prosecutor during summation did not deprive the defendant of a fair trial. The remarks were based on reasonable inferences from the evidence and constituted fair comment (see, People v Pugliese, 131 A.D.2d 789, 790). Additionally, the prosecutor properly attempted to rehabilitate his principal witness whose credibility had been attacked during defense counsel's summation (see, People v Gibbs, 166 A.D.2d 454).
The defendant's allegation that the trial court erred by denying his request for a charge on prior inconsistent statements is without merit. The general credibility instruction, rendered by the court, was sufficient (see, People v Butts, 139 A.D.2d 660; People v Dellarocco, 115 A.D.2d 904) and the jury was adequately informed of the correct rules to apply in arriving at its verdict (see, People v Butts, supra; People v Canty, 60 N.Y.2d 830, 832).
The sentence imposed was not excessive (see, People v Suitte, 90 A.D.2d 80). The defendant's remaining contentions are either unpreserved for appellate review or without merit. Thompson, J.P., Kunzeman, Sullivan and Rosenblatt, JJ., concur.