Opinion
June 10, 1993
Appeal from the Supreme Court, New York County (Daniel P. FitzGerald, J.).
Viewing the evidence in the light most favorable to the People and giving them the benefit of every reasonable inference (People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), defendant's guilt of the crime charged was proven beyond a reasonable doubt (People v. Bleakley, 69 N.Y.2d 490). The jury's determinations of fact and credibility, not unreasonable, will not be disturbed by this Court (People v. Gruttola, 43 N.Y.2d 116).
In light of the defense summation utilizing the theme of the People's witnesses "creating a picture" of defendant as a drug seller, and related comments, the prosecutor's summation comments regarding credibility of the People's witnesses constituted appropriate response (People v. Marks, 6 N.Y.2d 67, cert denied 362 U.S. 912).
We have reviewed defendant's additional arguments and find them to be without merit.
Concur — Carro, J.P., Rosenberger, Wallach, Kupferman and Rubin, JJ.