Opinion
May 6, 1985
Appeal from the Supreme Court, Kings County (Spodek, J.).
Judgment affirmed.
It was reasonable and proper for the jury to discredit the conflicting testimony of defendant's alibi witnesses and to credit the identification and testimony made by the complainant ( People v. Gruttola, 43 N.Y.2d 116). When viewed in this light, the evidence established defendant's guilt beyond a reasonable doubt ( People v. Contes, 60 N.Y.2d 620).
Furthermore, in view of the evidence and the jury charge, the comments made by the prosecutor were not significant enough to prejudice the defendant ( People v. Kingston, 8 N.Y.2d 384). Titone, J.P., Mangano, Weinstein and Kunzeman, JJ., concur.