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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD MARTINEZ, Appellant.

Ordered that the judgment is affirmed.

The defendant's arguments regarding alleged prosecutorial misconduct during summation are without merit. The challenged remarks constituted fair comment on the evidence ( see People v. Ashwal, 39 NY2d 105), were responsive to arguments presented in the defense counsel's summation ( see People v. Galloway, 54 NY2d 396; People v. Baker, 251 AD2d 592), or were harmless in light of the overwhelming evidence of the defendant's guilt ( see People v. Crimmins, 36 NY2d 230).

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PEOPLE v. MARTINEZ
(Mar 21, 2006)