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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. Nicco PLOWDEN, Also Known as ANTHONY BUTLER, Appellant.

Ordered that the judgment is affirmed.

The defendant's arguments regarding alleged prosecutorial misconduct during summation are largely unpreserved for appellate review (CPL 470.05; People v Dien, 77 NY2d 885; People v Nuccie, 57 NY2d 818). In any event, the comments alleged to be inflammatory and prejudicial were all either fair comment on the evidence ( People v Ashwal, 39 NY2d 105) or responsive to arguments presented in the defense counsel's summation ( People v Galloway, 54 NY2d 396).

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PEOPLE v. PLOWDEN
(Feb 10, 1997)