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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERMAINE DAVIS, Appellant.

Ordered that the judgment is affirmed.

The defendant's claims of prosecutorial misconduct do not warrant reversal. However, our affirmance of the defendant's conviction should not be taken as an approval of prosecutorial comments which we find excessive and inappropriate. On the contrary, we affirm, notwithstanding those comments, because proof of the defendant's guilt was overwhelming (see, People v Staley, 130 A.D.2d 601).

We have considered the defendant's remaining contentions and find them to be without merit. Rosenblatt, J.P., Miller, Santucci and Florio, JJ., concur.

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PEOPLE v. DAVIS
(Dec 27, 1994)