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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHOMARI FORTUNE, Appellant.

Ordered that the judgment is affirmed.

The Supreme Court providently exercised its discretion in precluding the defendant from calling a witness at trial to present certain evidence since the only purpose of the evidence would have been to impeach the credibility of the arresting police officers on a collateral matter ( see People v Alvino, 71 NY2d 233, 247-248; People v Fowler, 61 AD3d 698, 698; People v Rendon, 301 AD2d 665; People v Ragland, 240 AD2d 598).

Contrary to the defendant's contention, the prosecutor's comments during summation did not deprive him of a fair trial, as they were a fair response to the defendant's attack on the credibility of the police witnesses ( see People v Galloway, 54 NY2d 396; People v Avila, 69 AD3d 642; People v Robinson, 63 AD3d 531, 532; People v Barnes, 33 AD3d 811; People v Vaughn, 209 AD2d 459).

The sentence imposed was not excessive ( see People v Suitte, 90 AD2d 80).

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PEOPLE v. FORTUNE
(Feb 16, 2010)