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THE PEOPLE, ETC., respondent, v. JERRY JOSEPH, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's sole contention, that certain comments made by the prosecutor during summation constituted reversible error, is unpreserved for appellate review. The defendant either failed to make specific and timely objections (see CPL 470.05; People v. Woods, 296 A.D.2d 430, lv denied 98 N.Y.2d 715; People v. Hilliard, 279 A.D.2d 590), or failed to seek further ameliorative action after his objections were sustained (see People v. Medina, 53 N.Y.2d 951; People v. Woods, supra; People v. Hernandez, 258 A.D.2d 666; People v. Stevens, 218 A.D.2d 678). In any event, the prosecutor's comments were well within the bounds of permissible rhetorical comment, or were a fair response to the statements contained in the defense counsel's summation (see People v. Halm, 81 N.Y.2d 819; People v. Galloway, 54 N.Y.2d 396; People v. Pope, 253 A.D.2d 443; People v. Davis, 223 A.D.2d 652; People v. Elliot, 216 A.D.2d 576; People v. Stith, 215 A.D.2d 789).

O'BRIEN, J.P., KRAUSMAN, TOWNES and RIVERA, JJ., concur.

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PEOPLE v. JOSEPH
(Oct 28, 2002)