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PEOPLE v. WATKINS
Appellate Division of the Supreme Court of New York, Second Department.
Apr 26, 2004
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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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