Opinion
May 15, 2001.
Judgment, Supreme Court, New York County (William Wetzel, J.), rendered August 16, 1999, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him, as a second violent felony offender, to a term of 6 1/2 years, unanimously affirmed.
Christopher P. Marinelli, for respondent.
Claudia S. Trupp, for defendant-appellant.
Before: Rosenberger, J.P., Mazzarelli, Andrias, Buckley, Friedman, JJ.
The challenged portions of the prosecutor's summation were generally based on the evidence and reasonable inferences that could be drawn therefrom, in response to the defense summation, and there was no pattern of prejudicial misconduct warranting reversal (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). To the extent that the prosecutor misstated the law of justification, any prejudice was prevented by the court's thorough instructions, which the jury is presumed to have followed.
We perceive no basis for reduction of sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.