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THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. HARVEY ROBERTS, DEFENDANT-APPELLANT.

Defendant's challenges to the People's summation are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find that the challenged remarks, when viewed in context, were proper responses to defense arguments and that they did not deprive defendant of a fair trial (see, People v. Overlee, 236 A.D.2d 134,lv denied 91 N.Y.2d 976; People v. D'Alessandro, 184 A.D.2d 114, 118-119,lv denied 81 N.Y.2d 884).

We have considered and rejected defendant's remaining claims, including those contained in his pro se supplemental brief.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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PEOPLE v. ROBERTS
(Oct 10, 2000)