Opinion
November 15, 1995
Appeal from the Erie County Court, Drury, J.
Present — Green, J.P., Pine, Wesley, Balio and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: The prosecutor's statements on summation did not constitute improper bolstering of the police witnesses, but were made "in fair response to statements made by the defense [citation omitted]" (People v Maisonet, 172 A.D.2d 274, lv denied 78 N.Y.2d 969). We reject the further contention of defendant that juror misconduct deprived him of a fair trial (see, People v Estrada, 191 A.D.2d 286, lv denied 81 N.Y.2d 1013). Finally, in light of the lengthy criminal history of defendant, we conclude that his sentence is neither unduly harsh nor severe (see, CPL 470.15 [c]).