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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RENE BEAULIERE, Appellant.

Ordered that the judgment is affirmed.

The defendant's contention that he was deprived of a fair trial by the introduction of evidence of his pre-arrest silence into evidence is unpreserved for appellate review since he failed to raise that specific objection at trial ( see CPL 470.05; People v Materon, 276 AD2d 718; People v Davis, 223 AD2d 652; People v Loaiza, 201 AD2d 587). In any event, the contention is without merit.

Similarly, the defendant never objected to the prosecutor's summation comments regarding pre-arrest silence. Therefore, his argument that he was deprived of a fair trial by such comments is unpreserved for appellate review ( see People v Materon, supra; People v Salaman, 231 AD2d 464, 465; People v Johnson, 110 AD2d 1057). In any event, any error with respect to these issues was rendered harmless in light of the overwhelming evidence of the defendant's guilt ( see People v Basora, 75 NY2d 992; People v Henry, 306 AD2d 539; People v Patellis, 305 AD2d 429; People v Materon, supra; People v Gluckowski, 174 AD2d 752).

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PEOPLE v. RENE
(Jan 9, 2007)