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THE PEOPLE, ETC., respondent, v. LARSELLA OGLESBY, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention that certain remarks made by the prosecutor during summation warrant reversal of his conviction ( see CPL 470.05; People v. Scotti, 220 A.D.2d 543). In any event, while we agree that some of the challenged remarks were improper, they did not deprive the defendant of a fair trial and do not warrant reversal of the judgment in the exercise of our interest of justice jurisdiction ( see People v. Bryant, 163 A.D.2d 406, 407; People v. Samuel, 122 A.D.2d 285, 286; cf. People v. Smith, 288 A.D.2d 496, 497).

RITTER, J.P., SMITH, H. MILLER and GOLDSTEIN, JJ., concur.

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PEOPLE v. OGLESBY
(May 17, 2004)