The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility, including the weight to be given the backgrounds of the People's witnesses and the inconsistencies in their testimony, were properly considered by the trier of facts and there is no basis upon which to disturb its determinations.
The People's summation did not deprive defendant of a fair trial. While some comments would have been better left unsaid, objections were sustained and we find that the summation as a whole was a fair response to the defense summation and that there was no "obdurate pattern of inflammatory remarks" warranting a reversal (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.