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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL GRIFFIN, Appellant.

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his challenges to certain remarks made by the prosecutor during summation ( see CPL 470.05; People v Williams, 38 AD3d 925). In any event, the challenged remarks were either responsive to defense counsel's summation, or constituted fair comment on the evidence or inferences drawn therefrom ( see People v Rudd, 62 AD3d 729, lv denied 12 NY3d 929; see also People v Coleman, 62 AD3d 810; People v Ploska, 52 AD3d 742).

The defendant's contention that he was denied the effective assistance of counsel is without merit. Under the circumstances of this case, the defendant was afforded meaningful representation ( see People v Colon, 61 AD3d 772).

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PEOPLE v. GRIFFIN
(Nov 4, 2009)