PEOPLE v. DUNN

Ordered that the judgment is affirmed.

The defendant's contention that she was deprived of a fair trial because the prosecutor made improper remarks during her opening statement and summation and otherwise engaged in misconduct during the trial is unpreserved for appellate review ( see CPL 470.05; People v Hollenquest, 48 AD3d 592, lv denied 10 NY3d 864). In any event, the challenged remarks and conduct either were responsive to arguments made by defense counsel, constituted fair comment on the evidence, or otherwise did not deprive the defendant of a fair trial ( see People v Olivo, 23 AD3d 584).

The defendant's contention that she was denied the effective assistance of counsel based solely on her attorney's failure to object to the alleged prosecutorial misconduct is without merit ( see People v Benevento, 91 NY2d 708, 712; People v Robbins, 48 AD3d 711, lv denied 10 NY3d 869; People v Gonzalez, 44 AD3d 790, 791; People v Serrano, 163 AD2d 66, 68).