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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN ORECKINTO, Appellant.

Ordered that the judgment is affirmed.

On appeal, the defendant argues that reversible error took place due to the prosecutor's comments during summation. Because the defendant's objections were either too general or the defendant did not seek further curative instructions or a mistrial after the court sustained his objections, these claims of error are not preserved for appellate review ( see, CPL 470.05; People v. Heide, 84 N.Y.2d 943, 944; People v. Nuccie, 57 N.Y.2d 818, 819; People v. Persaud, 237 A.D.2d 538). In any event, the prosecutor's statements were fair comment upon the evidence and the legitimate inferences to be drawn therefrom and fairly responded to the defense counsel's summation ( see, People v. Ashwal, 39 N.Y.2d 105, 109; People v. Scotti, 220 A.D.2d 543; People v. Shepherd, 176 A.D.2d 369, 370).

Copertino, J.P., Santucci, Goldstein and Luciano, JJ., concur.

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PEOPLE v. ORECKINTO
(Sep 28, 1998)