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THE PEOPLE, etc., Respondent, v. RICHARD CLINTON, Appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contentions that the prosecutor misrepresented and distorted the defense, vouched for her own witnesses, and expressed her personal disbelief in the defense during her summation are largely 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. Ryant, 278 A.D.2d 345).

RITTER, J.P., S. MILLER, GOLDSTEIN and ADAMS, JJ., concur.

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PEOPLE v. CLINTON
(Mar 8, 2004)