The complainant's credibility was placed into issue by the defense summations. In such circumstances, the prosecutor's response, argued as error on appeal, constituted fair comment (People v Marks, 6 N.Y.2d 67, cert denied 362 U.S. 912).
Contrary to defendant's additional argument on appeal, the trial court's charge to the jury clearly and consistently stated the appropriate legal standards regarding burden of proof, and the court's comments to the effect that the jury was charged with determination of the "truth" cannot reasonably be viewed as diminishing the People's burden of proving defendant's guilt beyond a reasonable doubt (see, People v Flecha, 161 A.D.2d 116, lv denied 76 N.Y.2d 856).
Concur — Sullivan, J.P., Rosenberger, Wallach, Ross and Asch, JJ.