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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL RODRIGUEZ, Appellant.

Defendant failed to preserve his present challenges to the prosecutor's summation, and we decline to review them in the interest of justice. If we were to review, we would reject the claim that the prosecutor mischaracterized the defense, and also find that any improper suggestion of a propensity for violence was harmless in view of the overwhelming evidence of defendant's guilt.

Concur — Milonas, J.P., Wallach, Kupferman, Ross and Williams, JJ.

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PEOPLE v. RODRIGUEZ
(Apr 11, 1996)