PEOPLE v. BAINES

ORDERED that the judgment is affirmed.

The prosecutor's comments on summation were either fair responses to the defense summation (see, People v. Alvarado, 262 A.D.2d 651 ;People v. Rivera, 158 A.D.2d 723 ; People v. Colonna, 135 A.D.2d 724 ), or, if improper, were the subject of appropriate curative instructions (see, People v. Hawthorne, 175 A.D.2d 880 , affd as modified 80 N.Y.2d 873; People v. Johnson, 154 A.D.2d 618 ).

The defendant is not entitled to a new trial as a result of the prosecutor's alleged failure to disclose the record of conviction of one of the People's witnesses (see, CPL 240.45[1][b]). The defense counsel was made aware of the conviction, and used it for impeachment purposes on cross-examination (see, People v. Lane, 221 A.D.2d 371; People v. Fuentes, 199 A.D.2d 980 ;People v. Clark, 194 A.D.2d 868, 869 ).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

RITTER, J.P., SANTUCCI, THOMPSON, and McGINITY, JJ., concur.