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THE PEOPLE, ETC., respondent, v. STEVEN WATKINS, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's arguments regarding alleged prosecutorial misconduct during summation are largely unpreserved for appellate review ( see CPL 470.05). In any event, the comments alleged to be inflammatory or prejudicial were fair comment on the evidence ( see People v. McHarris, 297 A.D.2d 824, 825), responsive to arguments and theories presented in the defense counsel's summation ( see People v. Galloway, 54 N.Y.2d 396, 399), or harmless in light of the overwhelming evidence of the defendant's guilt ( see People v. Crimmins, 36 N.Y.2d 230).

RITTER, J.P., KRAUSMAN, LUCIANO and COZIER, JJ., concur.

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PEOPLE v. WATKINS
(Apr 26, 2004)