Opinion
April 8, 1996
Appeal from the Supreme Court, Kings County (Brill, J.).
Ordered that the judgment is affirmed.
The defendant's contention that he was denied a fair trial as a result of the prosecutor's comments during summation is without merit since the prosecutor's remarks were a fair response to the defense counsel's summation ( see, People v. Clark, 222 A.D.2d 446; People v. Russo, 201 A.D.2d 512, affd 85 N.Y.2d 872; People v Balnavis, 175 A.D.2d 134).
The defendant's further contention that the court's charge to the jury was confusing and contradictory is also without merit. The court correctly instructed the jury, inter alia, not to consider matters outside of the evidence and that reasonable doubt must be founded on the evidence or lack of evidence before them ( see, People v. Coleman, 70 N.Y.2d 817; People v. Canty, 60 N.Y.2d 830; People v. Moore, 185 A.D.2d 251).
The defendant's remaining contentions are either unpreserved for appellate review or without merit. Balletta, J.P., Thompson, Santucci and Florio, JJ., concur.