Opinion
1863
October 15, 2002.
Judgment, Supreme Court, New York County (Michael Obus, J.), rendered November 28, 2000, convicting defendant, after a jury trial, of assault in the second degree and criminal possession of a weapon in the fourth degree, and sentencing him, as a persistent violent felony offender, to concurrent terms of 13 years to life and 1 year, respectively, unanimously affirmed.
MATTHEW GALLUZZO, for respondent.
CARL S. KAPLAN, for defendant-appellant.
Before: Nardelli, J.P., Mazzarelli, Sullivan, Ellerin, Rubin, JJ.
The challenged portions of the prosecutor's summation remarks were fair comment on the evidence and were responsive to defendant's attacks on the victim's credibility (see People v. Overlee, 236 A.D.2d 133, lv denied 91 N.Y.2d 976).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.