Opinion
November 4, 1991
Appeal from the Supreme Court, Queens County (Leahy, J.).
Ordered that the judgment is affirmed.
The defendant contends that he was deprived of a fair trial by prosecutorial error on summation. We disagree. The majority of the prosecutor's summation arguments were made in direct response to the summation arguments of defense counsel and constituted fair comment on the evidence (see, People v. Miller, 143 A.D.2d 1055; People v. Torres, 121 A.D.2d 663). Although some of the prosecutor's remarks were better left unsaid, those remarks did not deprive the defendant of a fair trial (see, People v Sutton, 133 A.D.2d 655).
We find the defendant's remaining contention to be without merit. Thompson, J.P., Kunzeman, Eiber and Miller, JJ., concur.