PEOPLE v. MERCADO

The evidence excluded by the trial court — that the robbery victim "wasn't sure" that defendant was one of the two men who had robbed him — was irrelevant to the issue of defendant's guilt of criminal possession of a weapon (see, People v. Reynoso, 73 N.Y.2d 816; People v. Johnson, 47 N.Y.2d 785, cert denied 444 U.S. 857).

We also note that the prosecutor's summation was both fair and responsive to the summation of the defendant (see, People v Rodriguez, 159 A.D.2d 356, lv denied 76 N.Y.2d 795).

Concur — Sullivan, J.P., Wallach, Kupferman and Nardelli, JJ.