Opinion
February 4, 1993
Appeal from the Supreme Court, New York County (Paul P.E. Bookson, J.).
To the extent that defendant has preserved any claim with respect to the prosecutor's summation, we find that the remarks were fair response to the defense summation (see, People v Montrose, 155 A.D.2d 376, 377, lv denied 75 N.Y.2d 870), which implied that the police witnesses were lying. Moreover, objections to two remarks were immediately sustained and no further relief was requested. Nothing in the court's unobjected-to charge with respect to drawing inferences could have misled the jury, as defendant only now claims, as to the proper standard of proof beyond a reasonable doubt, which was explicitly and repeatedly explained to the jury (People v Mosley, 67 N.Y.2d 985; People v Cruz, 172 A.D.2d 383, lv denied 78 N.Y.2d 964).
Finally, under the circumstances, we do not find that the sentence imposed was excessive.
Concur — Murphy, P.J., Sullivan, Rosenberger and Kupferman, JJ.