Opinion
1440
June 17, 2003.
Judgment, Supreme Court, Bronx County (Caesar Cirigliano, J.), rendered November 2, 2001, convicting defendant, after a jury trial, of assault in the second degree and criminal possession of a weapon in the fourth degree, and sentencing her to a term of 6 months concurrent with 5 years probation, unanimously affirmed.
William K. Clark, for respondent.
Jane Levitt, for defendant-appellant.
Before: Nardelli, J.P., Tom, Andrias, Sullivan, Friedman, JJ.
The challenged portions of the People's summation did not deprive defendant of a fair trial (see People v. D'Alessandro, 184 A.D.2d 114, 118-119, lv denied 81 N.Y.2d 884). Contrary to defendant's arguments, the prosecutor did not attempt to provide his own expert opinion or misstate the facts. Instead, he drew reasonable inferences from the evidence that were addressed to the jurors' common sense. The prosecutor did not misstate the law of justification, but merely summarized relevant evidence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.