PEOPLE v. KYLER

Judgment unanimously affirmed. Memorandum: Defendant has failed to preserve for our review his contention that statements made by the prosecutor during summation deprived him of a fair trial (see, CPL 470.05; People v. Dawson, 50 N.Y.2d 311, 324). Were we to reach it, we would find the contention to be without merit. The alleged improper comments were fair comment on the evidence and fair response to defense counsel's summation (see, People v. Price, 144 A.D.2d 1013, lv denied 73 N.Y.2d 895; see also, People v. Plant, 138 A.D.2d 968, lv denied 71 N.Y.2d 1031).