PEOPLE v. SMALL

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).