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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAMEL SMITH, Also Known as RAMAL SMITH, Appellant.

Ordered that the judgment is affirmed.

The defendant's contention that the prosecutor made statements during summation which deprived him of a fair trial is without merit. The challenged remarks were a fair response to the defendant's summation ( see People v. Galloway, 54 NY2d 396; People v. Horne, 6 AD3d 549), fair comment on the evidence ( see People v. Ashwal, 39 NY2d 105), or harmless in light of the overwhelming evidence of the defendant's guilt and the court's curative instructions ( see People v. Crimmins, 36 NY2d 230; People v. Horne, supra).

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PEOPLE v. SMITH
(Apr 18, 2006)