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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALEX GORDON, Appellant.

Ordered that the judgment is affirmed.

The defendant contends on appeal that he was deprived of a fair trial because the prosecutor made statements on summation which denigrated the credibility of the defense witness. Since the defendant did not object to any statements made by the prosecutor during his summation, the defendant's claim is unpreserved for appellate review (see, CPL 470.05). In any event, it was not error for the prosecutor to comment on the credibility of the defense witness since defense counsel had raised her credibility as an issue during his summation (see, People v. Torres, 121 A.D.2d 663, 664). Kunzeman, J.P., Kooper, Lawrence and Harwood, JJ., concur.

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PEOPLE v. GORDON
(Apr 22, 1991)