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THE PEOPLE, ETC., respondent, v. TYRONE STITH, appellant.

ORDERED that the judgments are affirmed.

The defendant failed to preserve for appellate review his contention that certain remarks made by the prosecutor during summation at the trial under Indictment No. 475/99 were improper (see, CPL 470.05; People v. Scotti, 220 A.D.2d 543). In any event, these remarks were either fair response to the defense counsel's summation remarks casting aspersions on the credibility of the complainant (see, People v. Ramsey, 220 A.D.2d 697), or were not prejudicial in light of the overwhelming evidence of the defendant's guilt (see, People v. Perez, 132 A.D.2d 579).

The defendant's contention that he was deprived of the effective assistance of counsel is without merit in connection with his conviction under Indictment No. 475/99 (see, People v. Benevento, 91 N.Y.2d 708).

The sentence imposed for his conviction under Indictment No. 475/99 was not excessive (see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

S. MILLER, J.P., LUCIANO, SCHMIDT and CRANE, JJ., concur.

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PEOPLE v. STITH
(Feb 25, 2002)