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PEOPLE v. VARGAS

277 A.D.2d 475 (2000)

716 N.Y.S.2d 896

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK VARGAS, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 27, 2000.

Ordered that the judgment is affirmed.

The defendant contends that the prosecutor improperly commented on his pretrial silence in violation of his rights under the Fifth and Fourteenth Amendments of the United States Constitution during summation. However, the prosecutor's remark constituted a fair comment on the defendant's trial testimony regarding his actions after the crime and did not improperly refer to his prearrest silence (see, People v Conyers,

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