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PEOPLE v. MITCHELL

Appellate Division of the Supreme Court of New York, Second Department.
Apr 15, 2008
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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]).