Opinion
June 5, 1997
Appeal from the Supreme Court, Bronx County (Frank Torres, J.).
The verdict was not against the weight of the evidence. Issues of credibility were properly presented to the jury and we see no reason to disturb its findings ( see, People v. Gaimari, 176 N.Y. 84, 94).
The prosecutor's summation comments concerning the defendant's credibility were permissible in the context of the trial issues and were responsive to defendant's summation arguments. The alleged remark of the prosecutor during cross-examination was not heard by the court, and, in any event, a curative instruction was given with no objection from defendant.
Concur — Milonas, J.P., Rosenberger, Wallach, Nardelli and Rubin, JJ.