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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN ROSARIO, Appellant.

Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, we find that the prosecutor's comments during summation were not improper. The statements of a prosecutor during summation must be evaluated in comparison with those remarks made by the defense counsel (see, People v. Lafayette, 118 A.D.2d 593). At bar, in light of the fact that the defense counsel consistently attacked the credibility of the prosecution's witnesses, we find that the comments made by the prosecutor were not unreasonable and did not deprive the defendant of a fair trial (see, People v. Street, 124 A.D.2d 841; People v. Colon, 122 A.D.2d 151, lv denied 68 N.Y.2d 810).

We have reviewed the defendant's remaining contentions and find them to be without merit (see, People v. Suitte, 90 A.D.2d 80; People v. Notey, 72 A.D.2d 279). Thompson, J.P., Brown, Lawrence and Rubin, JJ., concur.

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PEOPLE v. ROSARIO
(Jun 5, 1989)