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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HORATIO MITCHELL, Appellant.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the prosecutor's remarks were fair comment upon the evidence or were a fair response to arguments presented in the summation by defense counsel ( see People v Schouenborg, 42 AD3d 473; People v Urena, 24 AD3d 693; People v George, 2 AD3d 457; People v Jones, 294 AD2d 517, 518; People v Banks, 258 AD2d 525, 526).

The defendant's remaining contention is not preserved for appellate review ( see CPL 470.05), and we decline to review it in the exercise of our interest of justice jurisdiction ( see CPL 470.15 [c]).

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PEOPLE v. MITCHELL
(Apr 15, 2008)