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THE PEOPLE, ETC., respondent, v. MARCEL VACHET, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's challenges to various summation comments made by the prosecutor are, for the most part, unpreserved for appellate review ( see People v. Shelton, 307 A.D.2d 370; People v. Ravenell, 307 A.D.2d 977). In any event, the comments either were within the bounds of permissible rhetoric ( see People v. Galloway, 54 N.Y.2d 396), constituted fair comment on the evidence presented, or were responsive to the defense counsel's summation ( see People v. Caver, 302 A.D.2d 604; People v. Hoover, 298 A.D.2d 599).

SMITH, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.

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PEOPLE v. VACHET
(Feb 17, 2004)