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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK ROBINSON, Appellant.

Ordered that the judgment is affirmed.

Contrary to the defendant's arguments, he was not prejudiced by the prosecutor's remarks during summation ( see, People v. Lozado, 180 A.D.2d 410; People v. Draksin, 145 A.D.2d 500). In any event, the trial court's prompt curative instruction was sufficient to dispel whatever prejudicial effect the prosecutor's remarks may have had on the jury ( see, People v. Galloway, 54 N.Y.2d 396; People v. Melendez, 158 A.D.2d 720; People v. Jalah, 107 A.D.2d 762).

Further, the defendant was not denied the effective assistance of counsel ( see, People v. Baldi, 54 N.Y.2d 137; People v. Dyson, 200 A.D.2d 756).

The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).

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

Miller, J. P., Ritter, Altman and Luciano, JJ., concur.

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PEOPLE v. ROBINSON
(Feb 8, 1999)