PEOPLE v. SPIVEY

The challenged summation remarks were legitimate responses to the defense summation. Rather than asserting his personal belief in the credibility of his witnesses, the prosecutor made fair arguments as to why these witnesses should be believed and as to why defendant's attacks on their credibility should be rejected. Therefore, there was no impermissible "vouching" (People v. Overlee, 236 A.D.2d 133, 144, lv denied 91 N.Y.2d 976).

We perceive no basis for reducing the sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.