Opinion
June 4, 1985
Appeal from the Monroe County Court, Cornelius, J.
Present — Hancock, Jr., J.P., Callahan, Doerr, Denman and Green, JJ.
Judgment unanimously affirmed. Memorandum: On this appeal from a judgment convicting defendant, following a jury trial, of burglary in the third degree (Penal Law § 20.00, 140.20 Penal) and petit larceny (Penal Law § 20.00, 155.25 Penal), we find that the objected-to portion of the prosecutor's summation was a fair and reasonable response to defendant's summation and did not deprive defendant of a fair trial (People v. Galloway, 54 N.Y.2d 396; People v. Thomas, 51 N.Y.2d 466, 475; People v. Hazel, 92 A.D.2d 691, 692). Following a Sandoval hearing, the court properly ruled that evidence of defendant's prior convictions of theft-related offenses was relevant to defendant's veracity as a witness (People v. Edwards, 80 A.D.2d 993, 994). On this record, it cannot be said that the court either failed to exercise or abused its discretion in ruling as it did (People v. Pavao, 59 N.Y.2d 282, 292). We have reviewed defendant's other contentions and find them to be without merit.