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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NOEL THOMAS, Appellant.

Ordered that the judgment is affirmed.

The defendant's contention that certain statements by the prosecutor on summation constituted reversible error is unpreserved for appellate review since he failed either to object at all, or to object with sufficient specificity, to ask for curative instructions, or to request a mistrial when they were made ( see, CPL 470.05; People v. Fleming, 70 N.Y.2d 947, 948; People v. Medina, 53 N.Y.2d 951, 953; People v. Udzinski, 146 A.D.2d 245, 250). In any event, the defendant's contentions are without merit. The prosecutor's statements constituted fair comment on the evidence ( see, People v. Ashwal, 39 N.Y.2d 105), or were an "appropriate response to defense counsel's arguments on summation" ( People v. Acevedo, 156 A.D.2d 569, 570; see, People v. Goodson, 185 A.D.2d 945; People v. Baldo, 107 A.D.2d 751).

The defendant's remaining contentions are unpreserved for appellate review. In any event, they are without merit.

Bracken, J.P., O'Brien, Joy and Florio, JJ., concur.

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PEOPLE v. THOMAS
(Jan 11, 1999)