People v. Taylor

—Judgment unanimously affirmed. Memorandum: Defendant appeals from his conviction of attempted murder in the second degree (two

The trial court properly instructed the jury that evidence of flight has limited probative value as an indication of guilt (see, People v Yazum, 13 NY2d 302 , 304). Defendant was not prejudiced by the prosecutor’s improper references to the failure of defendant and his codefendants to come forward with evidence (see, People v Alls, 195 AD2d 952 ). Although the prosecutor also improperly commented during summation that defendant’s testimony was a fabrication and lie, those comments were not so egregious that defendant was denied a fair trial (see, People v Plant, 138 AD2d 968 , lv denied 71 NY2d 1031 ). Lastly, the prosecutor’s use, for demonstrative purposes, of a shotgun similar in model and make to a shotgun purchased by defendant was not improper. Any variation affects the weight, not the admissibility, of such evidence (see, People v Mariner, 147 AD2d 659 , lv denied 74 NY2d 666 ). (Appeal from Judgment of Erie County Court, Drury, J.—Attempted Murder, 2nd Degree.) Present—Denman, P. J., Green, Balio, Fallon and Boehm, JJ.