PEOPLE v. MONTELEONE

Ordered that the judgment is affirmed.

The defendant's contention that he was deprived of a fair trial as a result of the prosecutor's misconduct on summation is without merit. Most of the challenged remarks were proper because they constituted either fair comment upon the evidence or a fair response to the defense summation ( see People v Ashwal, 39 NY2d 105, 109-110; People v Nieves, 2 AD3d 539; People v Ivory, 307 AD2d 1000, 1001). With respect to the remaining challenged remarks, the trial court's instructions served to ameliorate any prejudicial effect that may have resulted ( see People v Barnes, 80 NY2d 867; People v Galloway, 54 NY2d 396; People v Martinez, 58 AD3d 754, 756; People v Ivory, 307 AD2d at 1001; People v Harris, 84 AD2d 63, 104). Moreover, any error resulting from the challenged remarks, both individually and cumulatively, was harmless ( see People v Crimmins, 36 NY2d 230, 241; People v White, 5 AD3d 511, 512; People v Ivory, 307 AD2d at 1001; see also People v Hollenquest, 48 AD3d 592, 593).