DECISION ORDER
ORDERED that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).
The defendant's contention of prosecutorial misconduct during the closing statement is largely unpreserved for appellate review (see, CPL 470.05). In any event, the challenged comments do not require reversal. A prosecutor has broad latitude during summation, particularly when responding to the defense counsel's summation (see, People v. Galloway, 54 N.Y.2d 396). The prosecutor's remarks were either fair response to the defense counsel's summation or a fair comment on the trial testimony (see, People v. Rosario, 195 A.D.2d 577; People v. Rivera, 158 A.D.2d 723).
The trial court providently exercised its discretion in denying the defendant's request for a mistrial when the jury indicated that it was at a standstill (see, Matter of Plummer v. Rothwax, 63 N.Y.2d 243, 251).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contention is unpreserved for appellate review (see, CPL 470.05).