Opinion
November 4, 1985
Appeal from the Supreme Court, Kings County (Shaw, J.).
Judgment affirmed.
The prosecutor's statements during summation did not deprive defendant of a fair trial since the statements defendant complains of were valid inferences drawn from the evidence adduced at trial (see, People v Bailey, 58 N.Y.2d 272, 277). Assuming, arguendo, that any of the statements went beyond the bounds of propriety, any possible prejudice which might have resulted from the prosecutor's statements was dissipated by the court's instructions to the jury not to speculate and not to consider counsel's statements as evidence (see, People v McCloskey, 92 A.D.2d 672).
Furthermore, defendant has failed to demonstrate a deprivation of his right to the effective assistance of counsel under either the "meaningful representation" test applied in People v Baldi ( 54 N.Y.2d 137, 147), or the two-pronged test articulated in Strickland v Washington ( 466 U.S. 668). Niehoff, J.P., Lawrence, Eiber and Kooper, JJ., concur.