Opinion
June 27, 1995
Appeal from the Supreme Court, New York County (Ira Beal, J.).
There is no merit to defendant's unpreserved claim that the prosecutor improperly argued on summation that to believe defendant the jury would have to conclude that the People's witnesses had lied, since the argument was responsive to the summation arguments raised by the defense ( People v. Bailey, 155 A.D.2d 262, lv denied 75 N.Y.2d 810). Defendant's other claims are also unpreserved and without merit, including that she was deprived of a fair trial by police testimony that "[f]ifty percent of the time they get rid of the money", introduced to explain why defendant did not have the prerecorded buy money when arrested ( People v. Vargas, 213 A.D.2d 258).
Concur — Murphy, P.J., Ellerin, Wallach, Rubin and Tom, JJ.