PEOPLE v. ROBINSON

ORDERED that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention regarding the preliminary instructions given to the jury ( see People v. Hickey, 133 A.D.2d 421). In any event, such instructions eventually were given and adequately conveyed to the jury its function, duties, and conduct ( see CPL 270.40; People v. Fleming, 270 A.D.2d 498; People v. Moore, 161 A.D.2d 733).

The defendant's contention that the prosecutor vouched for his own witnesses is also unpreserved for appellate review ( see CPL 470.05; People v. Halm, 81 N.Y.2d 819). In any event, the prosecutor's statements constituted fair responses to remarks made by the defense counsel during summation ( see People v. Halm, supra at 821; People v. Ashwal, 39 N.Y.2d 105; People v. Clinton, 5 A.D.3d 501; People v. Ryant, 278 A.D.2d 345).

H. MILLER, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.