Opinion
February 26, 2001.
Judgment, Supreme Court, Bronx County (John Moore, J.), rendered March 19, 1996, convicting defendant, after a jury trial, of robbery in the first degree and robbery in the second degree, and sentencing him to concurrent terms of 4 to 12 years, unanimously affirmed.
Mary B. McGarvey-Depuy, for respondent.
Christopher W. Dysard, for defendant-appellant.
Before: Rosenberger, J.P., Nardelli, Andrias, Ellerin, Saxe, JJ.
The challenged portions of the prosecutor's summation did not deprive defendant of a fair trial (see, People v. Overlee, 236 A.D.2d 133, lv denied 91 N.Y.2d 976; People v. D'Alessandro, 184 A.D.2d 114, 118-119,lv denied 81 N.Y.2d 884). The challenged remarks were, for the most part, proper responses to the defense summation, which included attacks on the complainant's credibility. The prosecutor made proper, evidence-based comments on the credibility of defense witnesses and did not imply that defendant had a burden of proof. Any misstatement of the evidence was brief, trivial and could not have caused any prejudice.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.