Opinion
December 14, 1998
Appeal from the Supreme Court, Kings County (Aiello, J.).
Ordered that the judgment is affirmed.
It is well settled that evidence offered in rebuttal must counter some affirmative fact which the defendant attempted to prove (see, People v. Blair, 90 N.Y.2d 1003; People v. Harris, 57 N.Y.2d 335, 345, cert denied 460 U.S. 1047). Here, the detective's rebuttal testimony that the defendant, in a statement he made at the time of his arrest, claimed that when the crimes were committed he was with a girlfriend on Pitkin Avenue in East New York, was properly offered to counter the defense alibi witness's claim that the defendant was with her in her Sunset Park apartment at that time (see, People v. Gibson, 140 A.D.2d 453).
The defendant's remaining contention is without merit.
Rosenblatt, J. P., Santucci, Friedmann and McGinity, JJ., concur.