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PEOPLE v. WILLIAMS

Appellate Division of the Supreme Court of New York, Second Department.
Jul 28, 2009
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Ordered that the judgment is affirmed.

The defendant's contention that certain statements made by the prosecutor during summation deprived him of a fair trial is unpreserved for appellate review ( see CPL 470.05; People v Molinaro, 62 AD3d 724; People v Brown, 60 AD3d 962). In any event, the challenged comments constituted fair comment on the evidence ( see People v Ashwal, 39 NY2d 105, 109), were responsive to the arguments presented in defense counsel's summation ( see People v Galloway, 54 NY2d 396, 400-401), or were harmless ( see People v Crimmins, 36 NY2d 230, 239).

The defendant's contention that the prosecutor violated the court's Sandoval ruling ( see People v Sandoval, 34 NY2d 371) is unpreserved for appellate review and, in any event, is without merit.