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THE PEOPLE, ETC., respondent, v. HAMANT BALKARAN, appellant. (Ind. No. 2389/97)

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that prosecutorial misconduct occurred during the closing statement is unpreserved for appellate review (see, CPL 470.05). In any event, the challenged comments constituted either a fair response to his counsel's summation or fair comment on the evidence (see, People v. Galloway, 54 N.Y.2d 396).

The defendant was not deprived of the effective assistance of counsel (see, People v. Baldi, 54 N.Y.2d 137; People v. Israel, 148 A.D.2d 637, 638, affd 75 N.Y.2d 972).

The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit.

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PEOPLE v. BALKARAN
(Jan 31, 2001)