Opinion
December 21, 1987
Appeal from the County Court, Nassau County (Lawrence, J.).
Ordered that the judgment is affirmed.
We find no basis to conclude that the defendant was deprived of a fair trial by the prosecutor's remarks during summation. Although we disapprove of the prosecutor's characterization of the defense theory as a "conspiracy" by the police to frame the defendant (see, People v Cowan, 111 A.D.2d 343), the remarks were in response to the defense counsel's summation theory of police misconduct (see, People v Mitchell, 114 A.D.2d 978, lv denied 67 N.Y.2d 654). Nor did the prosecutor's remark that if the police were going to frame the defendant they could have done a better job constitute personal vouchering for the officers' credibility (cf., People v McKutchen, 76 A.D.2d 934).
The sentence imposed was not unduly harsh or excessive. We find neither an abuse of discretion nor a failure to observe sentencing principles (see, People v Suitte, 90 A.D.2d 80). Mollen, P.J., Lawrence, Kunzeman and Harwood, JJ., concur.