Opinion
November 19, 1998
Appeal from the Supreme Court, New York County (Budd Goodman, J.).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Given the jury's credibility determinations, which we see no reason to disturb, there was ample evidence supporting the element of intent to use the baseball bat unlawfully against another, including evidence from which the jury could find an intent to menace the complainant ( see, People v. Heusner, 26 N.Y.2d 776; People v. Wharton, 184 A.D.2d 472, lv withdrawn 80 N.Y.2d 935; see also, People v. Garcia, 194 A.D.2d 1011, lv denied 82 N.Y.2d 895).
The challenged portions of the prosecutor's summation were fair response to defense counsel's summation attack on the credibility of the complainant ( People v. Overlee, 236 A.D.2d 133, lv denied 91 N.Y.2d 976), and there was no pattern of inflammatory remarks or egregious conduct warranting reversal ( see, People v. D'Alessandro, 184 A.D.2d 114, lv denied 81 N.Y.2d 884).
Concur — Sullivan, J. P., Nardelli, Williams and Mazzarelli, JJ.