PEOPLE v. HERNANDEZ

The court properly permitted the People to introduce into evidence the balance of a statement made by the complainant to a police officer after defendant had introduced an excerpt from the same statement as a prior inconsistent statement (see, People v. Torre, 42 N.Y.2d 1036). The balance of the police report in question was not received as a prior consistent statement, but as part of the same statement.

In light of the overwhelming evidence of guilt, defendant could not have been deprived of a fair trial by a brief and isolated comment in the prosecutor's summation improperly suggesting that defendant had revealed a particular strategy during voir dire and then changed strategy after hearing the evidence.

ROSENBERGER, J.P., TOM, MAZZARELLI, SAXE, BUCKLEY, JJ.