Opinion
June 6, 1994
Appeal from the Supreme Court, Queens County (Pitaro, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the evidence of the complainant's mental and physical condition after the rape and assault was not offered to arouse the emotions of the jury and to prejudice the defendant, but rather to prove the elements of the crimes with which the defendant was charged. Therefore, it was admissible (see, People v. Scarola, 71 N.Y.2d 769; see also, People v. Jones, 188 A.D.2d 364).
Further, the remarks by the prosecutor in the summation were fair comment on the evidence and constituted legitimate responses to defense counsel's summation (see, People v. Galloway, 54 N.Y.2d 396; see also, People v. Ashwal, 39 N.Y.2d 105). Balletta, J.P., Miller, Lawrence and Goldstein, JJ., concur.