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PEOPLE v. SIMPSON

50 A.D.3d 452 (2008)

855 N.Y.S.2d 500

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NICHOLAS SIMPSON, Appellant.

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

Decided April 15, 2008.

The court properly exercised its discretion in denying defendant's mistrial motion, made after the court had completed its charge to the jury, that was based on the prosecutor's attempt in summation to explain the absence of fingerprint evidence. The comment constituted a fair response to the defense summation (see People v Overlee, 236 A.D.2d 133 [1997], lv denied 91 N.Y.2d 976 [1998]; People v D'Alessandro,

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