People v. Vargas

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Knipel, J.), rendered October 14, 1998, convicting him of manslaughter in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

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…