PEOPLE v. ROSERO

Ordered that the judgment is affirmed.

The prosecutor's statements in summation were either fair comment upon the evidence adduced at trial, or a fair response to the defense counsel's summation (see, People v Galloway, 54 N.Y.2d 396; People v. Ashwal, 39 N.Y.2d 105; People v. Kelly, 209 A.D.2d 439).

The trial court marshaled the evidence in a fair and even-handed manner and adequately alerted the jury to the defendant's theories (see, People v. Saunders, 64 N.Y.2d 665; People v. McManus, 208 A.D.2d 866; People v. Napoletano, 185 A.D.2d 252).

The defendant's remaining contentions are unpreserved for appellate review and we decline to reach them in the exercise of our interest of justice jurisdiction. O'Brien, J.P., Ritter, Santucci and Friedmann, JJ., concur.