PEOPLE v. RODRIGUES

Ordered that the judgment is affirmed.

The defendant has not preserved for appellate review his contention that reversible error took place as a result of certain remarks by the prosecutor during summation ( see, CPL 470.05). In any event, the remarks made by the prosecutor during summation were either fair comment on the evidence, permissive rhetorical comment, or responsive to the defendant's summation ( see, People v. Galloway, 54 N.Y.2d 396; People v. Baker, 251 A.D.2d 592; People v. Harris, 209 A.D.2d 432; People v. Gibbs, 166 A.D.2d 454; People v. Blackman, 88 A.D.2d 620).

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

Mangano, P. J., O'Brien, Krausman and Goldstein, JJ., concur.