PEOPLE v. MENDOZA

ORDERED that the judgment is affirmed.

The defendant's contention that certain comments made by the prosecutor during cross-examination and summation constituted reversible error is unpreserved for appellate review (see CPL 470.05; People v. Harris, 98 N.Y.2d 452, 491 n 18; People v. Gray, 86 N.Y.2d 10, 20-21; People v. Dien, 77 N.Y.2d 885; People v. Smith, 298 A.D.2d 607). In any event, the prosecutor's comments were within the bounds of permissible rhetorical comment, were a fair response to the defense counsel's direct examination and summation (see People v. Galloway, 54 N.Y.2d 396; People v. Ashwal, 39 N.Y.2d 105, 109; People v. Clemmings, 300 A.D.2d 672; People v. Valdes, 291 A.D.2d 513, 514; People v. Russo, 201 A.D.2d 512, 513, affd 85 N.Y.2d 872), or were harmless under the circumstances of this case.

S. MILLER, J.P., GOLDSTEIN, McGINITY and MASTRO, JJ., concur.