Opinion
March 8, 1993
Appeal from the Supreme Court, Kings County (Broomer, J.).
Ordered that the judgment is affirmed.
The defendant argues that certain allegedly improper comments made by the prosecutor during summation deprived him of a fair trial. However, the prosecutor's comments can only be fairly evaluated in comparison with the summation comments of the defense counsel (see, People v. Bosmond, 154 A.D.2d 689). Upon review of the record, the prosecutor's remarks either constituted a fair response to the defense counsel's summation or were within the confines of the evidence (see, People v. Ashwal, 39 N.Y.2d 105, 109; People v. Jones, 173 A.D.2d 853, 854). Therefore, the defendant was not denied his right to a fair trial.
In addition, the sentence imposed is not excessive given the defendant's criminal history and the circumstances of this case (see, People v. Suitte, 90 A.D.2d 80). Thompson, J.P., Bracken, Eiber and Pizzuto, JJ., concur.