People v. Evans

Judgment unanimously affirmed. Memorandum: The prosecutor’s statements on summation did not constitute improper vouching for the credibility of the police witnesses, but were made "in fair response to statements made by the defense [citation omitted]” (People v Maisonet, 172 AD2d 274 , lv denied 78 NY2d 969 ). In light of the lengthy criminal history of defendant, we conclude that his sentence is neither unduly harsh nor severe (see, CPL 470.15 [2] [c]). Finally, we reject the contention that juror misconduct deprived defendant of a fair trial (see, People v Estrada, 191 AD2d 286 , lv denied 81 NY2d 1013 ). (Appeal from Judgment of Erie County Court, Drury, J. — Criminal Sale Controlled Substance, 2nd Degree.) Present — Green, J. P., Lawton, Fallon, Doerr and Boehm, JJ.