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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC DEAN, Appellant.

Contrary to defendant's argument on appeal, the prosecutor's summation comments that the location of defendant's arrest was irrelevant, that the defense theory would have the police ignore crimes committed in their presence whenever en route to other crimes, and that the claim of frame-up was implausible were appropriate response to the defense summation and "did not exceed the broad bounds of rhetorical comment permissible in closing argument" (People v. Galloway, 54 N.Y.2d 396, 399). Nor is there merit to defendant's pro se argument that he was arrested without probable cause, the evidence at the suppression hearing being that defendant, when asked what he had to sell, voluntarily displayed plastic bags from his pocket that contained vials of what appeared to be crack cocaine. Defendant's pro se additional claim that the accusatory instrument was facially insufficient and that the trial court therefore lacked jurisdiction is belatedly made and may not be reviewed at this juncture of the proceedings (CPL 210.30; see, People v Thomas, 148 A.D.2d 883, 884, lv denied 74 N.Y.2d 748).

Concur — Carro, J.P., Rosenberger, Kupferman, Nardelli and Tom, JJ.

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PEOPLE v. DEAN
(Jun 14, 1994)