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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES WHITE, Appellant.

We reject defendant's argument that the prosecutor's summation comments improperly vouched for the credibility of the People's witnesses and deprived him of a fair trial. The defense summation focused almost entirely upon the issue of the credibility of the People's two major witnesses, extending to an outright statement that the jury could assume from their testimony that they "lied about everything." Thus, the prosecutor's suggestion to the jury that the testimony of those witnesses was, indeed, worthy of belief, supported by appropriate references to that testimony, constituted fair comment on the evidence (see, e.g., People v Fielding, 158 N.Y. 542), and appropriate response to the defense summation (see, e.g., People v Marks, 6 N.Y.2d 67, cert denied 362 U.S. 912).

Concur — Rosenberger, J.P., Ellerin, Wallach, Ross and Smith, JJ.

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PEOPLE v. WHITE
(May 7, 1991)