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THE PEOPLE, etc., respondent, v. SAMUEL BROWNRIDGE, JR., appellant. (Ind. No. 1094/94)

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the prosecutor made improper comments during his summation is unpreserved for appellate review, as the defendant failed to make timely and specific objections during the summation (see, People v. Gray, 86 N.Y.2d 10, 19 ; People v. Mapp, 245 A.D.2d 307 ).

In any event, most of the prosecutor's comments were a fair response to statements made in defense counsel's summation (seePeople v. Halm, 81 N.Y.2d 819, 821 ; People v. Galloway, 54 N.Y.2d 396, 399 ; People v. Colon, 122 A.D.2d 151 ; People v. Saylor, 115 A.D.2d 671 ). In light of the overwhelming evidence of the defendant's guilt, to the extent that any remarks were improper, any error was harmless (see, People v. Crimmins, 36 N.Y.2d 230, 237 ; People v. Roccaforte, 141 A.D.2d 775, 776 ; People v. Dardain, 226 A.D.2d 551 ).

RITTER, J.P., SULLIVAN, GOLDSTEIN, and H. MILLER, JJ., concur.

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PEOPLE v. BROWNRIDGE
(Dec 13, 1999)