Opinion
2771
January 14, 2003.
Judgment, Supreme Court, Bronx County (John Moore, J.), rendered May 24, 2001, convicting defendant, after a jury trial, of robbery in the third degree, and sentencing him, as a second felony offender, to a term of 3½ to 7 years, unanimously affirmed.
Kristin L. Vassallo, for Respondent.
Robert S. Dean, for Defendant-Appellant.
Nardelli, J.P., Tom, Mazzarelli, Andrias, Saxe, JJ.
The challenged portions of the People's summation generally constituted fair comment on the evidence, made in proper response to the defense summation in which the credibility of the victim was attacked, and did not deprive defendant of a fair trial (see People v. Overlee, 236 A.D.2d 133, lv denied 91 N.Y.2d 976; People v. D'Alessandro, 184 A.D.2d 114, 118-119, lv denied 81 N.Y.2d 884). The prosecutor did not express any personal opinions on the evidence, and any potential for prejudice was minimized by the court's curative actions (see People v. Santiago, 52 N.Y.2d 865).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.