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THE PEOPLE, etc., respondent, v. MICHAEL DAVIS, a/k/a MICHAEL CLAY, appellant. (Ind. No. 1687/96)

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that certain statements made by the prosecutor on summation constituted reversible error is unpreserved for appellate review. The defendant failed to raise an objection, ask for a curative charge, or request a mistrial at the time the comments were made (see, CPL 470.05; People v. Thomas, 257 A.D.2d 584; People v. Persaud, 237 A.D.2d 538; People v. Bruen, 136 A.D.2d 648). In any event, the statements either were fair comment on the evidence or permissive rhetorical comment responsive to the defendant's summation (see, People v. Gunther, ___ A.D.2d ___ [2d Dept., Feb. 14, 2000]).

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

RITTER, J.P., SULLIVAN, ALTMAN and FEUERSTEIN, JJ., concur.

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PEOPLE v. DAVIS
(May 8, 2000)