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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAMEL SMALL, Also Known as SAMUEL SMALL, 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 ( see CPL 470.05; People v Nieves, 2 AD3d 539, 540). In any event, a review of the challenged comments reveals that they were either fair comment on the evidence adduced at trial or responsive to defense counsel's summation ( see People v McHarris, 297 AD2d 824, 825; People v Cariola, 276 AD2d 800).

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PEOPLE v. SMALL
(Nov 13, 2007)