PEOPLE v. VASQUEZ

ORDERED that the judgment is affirmed.

The defendant's challenges to various remarks made by the prosecutor during her opening statement and summation are unpreserved for appellate review (see, CPL 470.05; People v. Balls, 69 N.Y.2d 641, 642; People v. Wilson, 265 A.D.2d 434). In any event, those remarks were either fair comment on the evidence (see, People v. Etoria, 266 A.D.2d 559; People v. Wilson, supra; People v. Zephir, 226 A.D.2d 408), responsive to the arguments presented in the defense counsel's summation (see, People v. Galloway, 54 N.Y.2d 396; People v. Irving, 265 A.D.2d 575; People v. Russo, 201 A.D.2d 512, affd 85 N.Y.2d 872), or harmless in light of the overwhelming evidence of the defendant's guilt (see, People v. Crimmins, 36 N.Y.2d 230; People v. Zephir, supra).

The sentence imposed was neither harsh nor excessive (see, People v. Suitte, 90 A.D.2d 80).

O'BRIEN, J.P., LUCIANO, SCHMIDT and ADAMS, JJ., concur.