DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the prosecutor made improper statements during summation is without merit. The remarks in question were fair comment on the evidence ( see People v. Ashwal, 39 N.Y.2d 105), fair response to comments made by defense counsel during summation ( see People v. Galloway, 54 N.Y.2d 396; People v. Ingram, 205 A.D.2d 801; People v. Ocasio, 180 A.D.2d 765; People v. Rivera, 171 A.D.2d 583; People v. Colon, 122 A.D.2d 151), or harmless in light of the overwhelming evidence of the defendant's guilt and the court's subsequent instructions, which served to cure any prejudice to the defendant ( see People v. Crimmins, 36 N.Y.2d 230; People v. Harrell, 270 A.D.2d 358; People v. Simms, 222 A.D.2d 622; People v. Ferrara, 220 A.D.2d 612; People v. Weaver, 183 A.D.2d 797, 798).
The defendant's contention that his adjudication as a persistent violent felony offender violated his right to a jury trial pursuant to Apprendi v. New Jersey ( 530 U.S. 466) is without merit ( see People v. Hyatt, 2 A.D.3d 749; People v. Rivera, 2 A.D.3d 543; People v. Quinones, 2 A.D.3d 541; People v. Grigg, 299 A.D.2d 367; People v. McKenzie, 298 A.D.2d 409; People v. Taylor, 294 A.D.2d 607.
The defendant's remaining contentions, including those raised in his supplemental pro se brief, either are unpreserved for appellate review, waived, or without merit.
ALTMAN, J.P., FLORIO, SMITH and RIVERA, JJ., concur.