Opinion
February 17, 1998
Appeal from the Supreme Court, New York County (Renee White, J.).
Defendant's arrest photo, redacted to remove any negative indication, was relevant under the circumstances presented and caused no prejudice to defendant (see, People v. Pena, 243 A.D.2d 425).
The prosecutor's summation comments on a witness's demeanor were appropriate in view of the testimony (see, People v. Smith, 173 A.D.2d 416, lv denied 78 N.Y.2d 974). Defendant's remaining challenges to the People's summation are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find the challenged comments to be fair responses to defendant's summation (see, People v. Overlee, 236 A.D.2d 133).
Concur — Sullivan, J. P., Rubin, Mazzarelli and Andrias, JJ.