Opinion
February 26, 1990
Appeal from the Supreme Court, Kings County (Broomer, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contentions, it was proper for the trial court to give an Allen-type charge to the jury before it began deliberating (see, People v Ali, 47 N.Y.2d 920; PJI 1:28, 1:100; I CJINY 42.07, 42.08, 42.60). We note that the court correctly instructed the jury that it was not to give up conscientious belief (see, Allen v United States, 164 U.S. 492). We also find no error with the court's identification charge. The jury was properly instructed to consider all of the circumstances surrounding the crime in determining whether the witnesses' identification testimony was credible (see, People v Daniels, 88 A.D.2d 392, 401-402).
We further find that none of the prosecutor's remarks on summation constitute reversible error. Most of the remarks of which the defendant now complains were proper responses to the defense counsel's summation (see, People v Morgan, 66 N.Y.2d 255). In any event, any error is harmless in view of the overwhelming evidence of the defendant's guilt (see, People v Crimmins, 36 N.Y.2d 230).
We have considered the defendant's remaining contentions and find them to be without merit. Lawrence, J.P., Rubin, Sullivan and Balletta, JJ., concur.