Opinion
February 5, 1996
Appeal from the Supreme Court, Kings County (Harkavy, J.).
Ordered that the judgment is affirmed.
The voluntariness of an inculpatory statement must be viewed by looking at the "totality of the circumstances" (see, People v Anderson, 42 N.Y.2d 35, 38; People v. Gonzalez, 39 N.Y.2d 122, 129; see also, People v. Leonard, 59 A.D.2d 1, 12). In the present case, there was no evidence in the record that the defendant was improperly coerced into making his statement. In fact. the officer who gave the defendant his Miranda rights did not have the opportunity to ask any questions before the defendant made the inculpatory statement.
The remarks by the prosecutor during the summation were fair comment on the evidence and constituted legitimate responses to the defense counsel's summation (see, People v. Galloway, 54 N.Y.2d 396; see also, People v. Ashwal, 39 N.Y.2d 105). Mangano, P.J., Copertino, Joy and Altman, JJ., concur.