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The People, etc., respondent, v. Tyrone Campbell, appellant. (Ind. No. 4549/95)

DECISION ORDER

ORDERED that the judgment is affirmed.

The record supports the hearing court's determination that the defendant voluntarily accompanied the police to the precinct and consented to be photographed (see generally, People v. Gonzalez, 39 N.Y.2d 122, 128-130 ). The defendant was subsequently identified in a photo array and line-up by a witness to the robbery. As "[c]onsent is a valid substitute for probable cause" (People v. Hodge, 44 N.Y.2d 553, 559 ; see, People v. Melendez, 227 A.D.2d 646 ; People v. Barclift, 140 A.D.2d 615 ), the defendant's contention that identification evidence should have been suppressed as the fruit of an illegal arrest is without merit.

The majority of the defendant's challenges to the prosecutor's remarks on summation are unpreserved for appellate review (see,People v. Tevaha, 84 N.Y.2d 879 ). In any event, the remarks made by the prosecutor do not require reversal. They were proper responses to arguments made by defense counsel during summation and were fair comment on the evidence (see, People v. Lamour, 203 A.D.2d 388 ; People v. Draksin, 145 A.D.2d 500 ).

The defendant's remaining contentions are without merit.

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PEOPLE v. CAMPBELL
(Apr 24, 2000)