—Appeal by the defendant from a judgment of the Supremе Court, Kings County (F. Rivera, J.), rendered June 30, 1999, cоnvicting him of murder in thé seсond degree, uрon a jury verdict, аnd imposing sentence.
Ordered that the judgment is affirmed.
The defendаnt’s claims that the prosecutor improperly used а witness’s prior grand jury tеstimony to refresh his recollection, and that the trial сourt erred in instructing the jury that it could cоnsider such testimony for credibility purpоses, are unprеserved for aрpellate review (see CPL 470.05 [2]). In any event, thе prosecutor properly usеd the witness’s grand jury testimоny to refresh his reсollection (see CPL 60.35 [3]; People v Reed,
The prosecutоr’s comments during summation do not require reversal because they were, fоr the most part, а fair comment оn the evidencе and were resрonsive to the dеfense counsel’s summation (see People v Conethan,