Defendant's claims of prosecutorial misconduct are for the most part unpreserved. In any event, review of the record indicates that the prosecutor's conduct of the trial did not deprive defendant of his right to a fair trial ( see, People v. Galloway, 54 N.Y.2d 396). When viewed in context, the prosecutor's summation comments for the most part constituted appropriate response to the defense summation ( People v. Marks, 6 N.Y.2d 67, cert denied 362 U.S. 912), and fair comment on the evidence, presented within the broad bounds of rhetorical comment permissible in closing argument ( People v. Galloway, supra).
The available record indicates that in addition to securing a pretrial suppression hearing in connection with identification testimony, defense counsel thoroughly cross-examined the People's witnesses, presented numerous witnesses to provide alibi testimony, and offered cogent closing and opening arguments, all in support of a misidentification defense. In these circumstances, defendant received meaningful assistance of counsel ( People v. Baldi, 54 N.Y.2d 137). Hindsight or mere differences in connection with professional judgment of counsel do not "translate" into ineffective assistance of counsel ( People v. Flores, 84 N.Y.2d 184, 189).
Concur — Sullivan, J.P., Rosenberger, Rubin, Nardelli and Williams, JJ.