PEOPLE v. NELSON

ORDERED that the judgment is affirmed.

Any error by the Supreme Court in denying the defendant's request to dismiss the prospective juror for cause is not reversible since he did not exhaust his peremptory challenges (see, CPL 270.20; People v. Pagan, 191 A.D.2d 650).

The defendant failed to preserve for appellate review his challenges to certain allegedly improper remarks made by the prosecution during summation. In any event, the prosecutor's remarks were fair comment on the evidence adduced at trial or responsive to the defense summation that subtly attacked the trustworthiness of the People's main witness (see, People v. Galloway, 54 N.Y.2d 396; People v. Guerrero, 250 A.D.2d 703). Finally, there is no merit to the defendant's claim that he was denied the effective assistance of counsel because of this subtle rather than overt attack on the witness's credibility (see, People v. Benevento, 91 N.Y.2d 708).

ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and CRANE, JJ., concur.