Opinion
November 10, 1994
Appeal from the Supreme Court, Bronx County (Robert Seewald, J.).
Viewing the evidence in the light most favorable to the People (People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), we find that defendant's guilt was established beyond a reasonable doubt (see, People v. Bleakley, 69 N.Y.2d 490).
Defendant's claim of prosecutorial misconduct during cross-examination and summation is without merit since the defendant opened the door to the prosecutor's cross-examination by challenging complainant's credibility (see, People v Johnson, 186 A.D.2d 356, lv denied 81 N.Y.2d 763) and the comments made during summation were responsive to the defense arguments (see, People v. Halm, 81 N.Y.2d 819).
Finally, we find the trial court's charge on the elements of burglary in the second degree in this case was proper.
Concur — Rosenberger, J.P., Kupferman, Asch and Tom, JJ.