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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLAUDE LONG, Appellant.

Ordered that the judgment is affirmed.

The defendant's claims that certain of the prosecutor's summation statements constituted reversible error are not preserved for appellate review. The court sustained objections to the statements claimed to be erroneous. In the absence of any further action by the defendant, the claims are not preserved for review (see, People v. Balls, 69 N.Y.2d 641; People v. Nuccie, 57 N.Y.2d 818; People v. Ashwal, 39 N.Y.2d 105). The claim that the prosecutor improperly vouched for the credibility of the complaining witness lacks merit, since the remarks in question were a proper response to the attack on the complaining witness' credibility by defense counsel (see, People v. Stephens, 161 A.D.2d 740; People v. Torres, 141 A.D.2d 682).

The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80). The defendant's remaining contentions are without merit. Thompson, J.P., Rosenblatt, Miller and Ritter, JJ., concur.

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PEOPLE v. LONG
(Jun 27, 1994)