Opinion
March 27, 2001.
Judgment, Supreme Court, New York County (Micki Scherer, J.), rendered July 29, 1999, convicting defendant, after a jury trial, of murder in the second degree and criminal possession of a weapon in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 25 years to life and 7 years, respectively, unanimously affirmed.
Jaime Bachrach, for respondent.
Robert S. Dean, for defendant-appellant.
Before: Nardelli, J.P., Andrias, Wallach, Lerner, Rubin, JJ.
The overall effect of the prosecutor's summation was within the range of acceptability (see, People v. D'Alessandro, 184 A.D.2d 114, 118-119,lv denied 81 N.Y.2d 884). For the most part, the remarks challenged by defendant on appeal were fair responses to defense counsel's arguments and were not misleading (see, People v. Overlee, 236 A.D.2d 133, lv denied 91 N.Y.2d 976). Were we to find any error, we would find it to be harmless in light of the overwhelming evidence of defendant's guilt.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.