People v. Binger

—Judgment, Supreme Court, Bronx County (John Moore, J.), rendered March 19, 1996, convicting defendant, after a jury trial, of robbery in the first degree and robbery in the second degree, and sentencing him to concurrent terms of 4 to 12 years, unanimously affirmed.

The challenged portions of the prosecutor’s summation did hot deprive defendant of a fair trial (see, People v Overlee, 236 AD2d 133 , lv denied 91 NY2d 976 ; People v D'Alessandro, 184 AD2d 114 , 118-119, lv denied 81 NY2d 884 ). The challenged remarks were, for the most part, proper responses to the defense summation, which included attacks on the complainant’s credibility. The prosecutor made proper, evidence-based comments on the credibility of defense witnesses and did not imply that defendant had a burden of proof. Any misstatement of the evidence was brief, trivial and could not have caused any prejudice. Concur — Rosenberger, J. P., Nardelli, Andrias, Ellerin and Saxe, JJ.