PEOPLE v. MOORE

Ordered that the judgment is affirmed.

The defendant contends that various remarks made by the prosecutor during summation were improper and deprived him of a fair trial. This contention, however, is unpreserved for appellate review ( see CPL 470.05; People v Almonte, 23 AD3d 392, 394). In any event, the challenged remarks were permissible rhetorical comment ( see People v Galloway, 54 NY2d 396), a fair response to the arguments and issues raised by the defense ( see People v Halm, 81 NY2d 819; People v McHarris, 297 AD2d 824), fair comment on the evidence ( see People v Ashwal, 39 NY2d 105), or harmless error ( see People v Crimmins, 36 NY2d 230; People v Maldonado, 55 AD3d 626; People v Brown, 272 AD2d 338).

Furthermore, under the circumstances of this case, defense counsel's failure to object to the challenged remarks did not constitute ineffective assistance of counsel ( see People v Tonge, 93 NY2d 838; People v Benevento, 91 NY2d 708; People v Robbins, 48 AD3d 711).

The sentence imposed was not excessive ( see People v Suitte, 90 AD2d 80, 83).

The defendant's remaining contention is unpreserved for appellate review and, in any event, is without merit.