People v. Rosario

223 A.D.2d 421, 636 N.Y.S.2d 1007, 1996 N.Y. App. Div. LEXIS 323

Opinion

Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered June 21, 1993, convicting defendant, after a jury triál, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

The challenged questions that the prosecutor posed to defendant on cross-examination were proper. The court exercised its discretion appropriately in allowing them. The prosecutor "adequately demonstrated [her] good faith and possessed a sufficient basis for asking the challenged question[s]” (People v Kass, 25 NY2d 123, 126).

The objected-to portions of the prosecutor’s summation were fair comment on the evidence and responsive to defense counsel’s summation (People v Galloway, 54 NY2d 396). Concur—Ellerin, J. P., Rubin, Nardelli, Tom and Mazzarelli, JJ.