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PEOPLE v. SMITH
Appellate Division of the Supreme Court of New York, Second Department.
Apr 18, 2006
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Ordered that the judgment is affirmed.
The defendant's contention that the prosecutor made statements during summation which deprived him of a fair trial is without merit. The challenged remarks were a fair response to the defendant's summation ( see People v. Galloway, 54 NY2d 396; People v. Horne, 6 AD3d 549), fair comment on the evidence ( see People v. Ashwal, 39 NY2d 105), or harmless in light of the overwhelming evidence of the defendant's guilt and the court's curative instructions ( see People v. Crimmins, 36 NY2d 230; People v. Horne, supra).
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