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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. Luis GARCIA, Appellant.

Ordered that the judgment is affirmed.

The defendant's contention that the prosecutor's summation denied him due process and a fair trial is unpreserved for appellate review, as he either failed to object to remarks he now contests or made only a general objection ( see CPL 470.05; People v Romero, 7 NY3d 911, 912; People v Small, 45 AD3d 705). In any event, a review of the challenged comments reveals that they were either responsive to defense counsel's summation or fair comment on the evidence ( see People v McHarris, 297 AD2d 824, 825; People v Russo, 201 AD2d 512, 513).

The defendant's remaining contention is without merit.

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PEOPLE v. GARCIA
(Jun 17, 2008)