Opinion
Submitted October 12, 2001.
November 5, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered November 17, 1999, convicting him of assault in the third degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Sonia Mikolic-Torreira of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Rhea A. Grob of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, SANDRA L. TOWNES, STEPHEN G. CRANE, JJ.
ORDERED that the judgment is affirmed.
The prosecutor's remarks on summation did not constitute reversible error (see, People v. Pope, 253 A.D.2d 443; People v. Elliot, 216 A.D.2d 576; People v. Russo, 201 A.D.2d 512, affd 85 N.Y.2d 872). These remarks were either fair comment on the evidence or fair response to the defendant's summation (see, People v. Russo, supra; People v. Elliot, supra; People v. Pope, supra). The prosecution's characterization of the case as one of "competing stories" was permissible because it was responsive to the conflicting testimony elicited from both sides during the trial and to the defendant's focus on the issue of credibility during his summation (see, People v. Olds, 222 A.D.2d 531). Finally, the prosecutor's statement that the complainant was "beaten to a bloody pulp" was permissible because it was based on the facts in evidence (see, People v. Green, 182 A.D.2d 704; People v. Koleskor, 131 A.D.2d 879).
SANTUCCI, J.P., ALTMAN, TOWNES and CRANE, JJ., concur.