Opinion
October 6, 1998
Appeal from the Supreme Court, New York County (Richard Carruthers, J.).
The challenged portions of the prosecutor's summation were fair comments when viewed in light of the trial in general and the defense summation in particular ( see, People v. Overlee, 236 A.D.2d 133, lv denied 91 N.Y.2d 976). The testimony of the defense witness directly contradicted the testimony of the police witness, and defendant's summation challenged the veracity, as well as the accuracy, of the police testimony ( see, People v. Harvey, 184 A.D.2d 311, lv denied 80 N.Y.2d 904). In any event, the court's curative instructions prevented any prejudice to defendant from those remarks that could be viewed as burden-shifting and there was no pattern of egregious conduct warranting reversal ( see, People v. D'Alesandro, 184 A.D.2d 114, 118-119, lv denied 81 N.Y.2d 976).
Concur — Sullivan, J. P., Milonas, Nardelli and Tom, JJ.