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PEOPLE v. MARTINEZ

Appellate Division of the Supreme Court of New York, Second Department.
Mar 21, 2006
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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).