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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TROY DARDAIN, Appellant.

Ordered that the judgment is affirmed.

The defendant has not preserved for appellate review his claims that the prosecution's summation remarks improperly bolstered the People's witnesses, misrepresented the position of the defense, and denigrated the defendant ( see, CPL 470.05; People v Vasquez, 198 A.D.2d 460; People v. Miller, 183 A.D.2d 790, 791). In any event, in light of the overwhelming evidence of guilt, any prosecutorial misconduct complained of would constitute harmless error ( see, People v. Weaver, 183 A.D.2d 797; People v. Gibbs, 166 A.D.2d 454).

The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80). Miller, J.P., O'Brien, Copertino and Pizzuto, JJ., concur.

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PEOPLE v. DARDAIN
(Apr 15, 1996)