Opinion
July 2, 1998
Appeal from the Supreme Court, New York County (John Bradley, J.).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence ( People v. Bleakley, 69 N.Y.2d 490). Issues concerning credibility and defendant's intent to prevent a police officer from performing a lawful duty (Penal Law § 120.05) were properly placed before the jury, and we see no reason to disturb its determinations. There was ample evidence from which the jury could infer defendant's knowledge that the victim was a police officer, as well as the requisite intent (People v. Acosta, 80 N.Y.2d 665).
The challenged portions of the prosecutor's summation were for the most part directly responsive to defense counsel's attack on the credibility of the police witnesses ( see, People v. Overlee, 236 A.D.2d 133), and there was no pattern of inflammatory remarks or egregious conduct warranting reversal ( see, People v. D'Alessandro, 184 A.D.2d 114, lv denied 81 N.Y.2d 884).
Concur — Sullivan, J.P., Milonas, Rubin, Williams and Andrias, JJ.