The court properly exercised its discretion in admitting photographs of the crime scene taken in daylight even though the drug transaction occurred at night. The photographs were relevant to illustrate the officer's ability to observe the sale and the power of his binoculars, and the officer's testimony made it plain to the jury that the photographs were taken under different lighting conditions from those existing at the time of the incident ( People v. Mathison, 287 A.D.2d 384, lv denied 97 N.Y.2d 706; People v. Rodriguez, 278 A.D.2d 99, lv denied 96 N.Y.2d 787; People v. Johnson, 256 A.D.2d 89, lv denied 93 N.Y.2d 972).
The court properly exercised its discretion in denying defendant's mistrial motion made after the People's summation. The challenged remarks generally constituted fair comment on the evidence, and reasonable inferences to be drawn therefrom, made in response to defense arguments, and the summation did not shift the burden of proof or deprive defendant of a fair trial ( see People v. Overlee, 236 A.D.2d 133, lv denied 91 N.Y.2d 976; People v. D'Alessandro, 184 A.D.2d 114, 118-119, lv denied 81 N.Y.2d 884).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.