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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALBERTO ESTRELLA, Appellant.

Ordered that the judgment is affirmed.

The defendant contends that the prosecutor's summation deprived him of a fair trial. Specifically, he contends that the prosecutor impermissibly vouched for the credibility of the complainant by stating that complainant was a "working man" and "staightforward". However, the prosecutor's remarks, which must be evaluated in comparison with the summation of defense counsel (see, People v Draksin, 145 A.D.2d 500), were proper.

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Mangano, J.P., Bracken, Kooper and Sullivan, JJ., concur.

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PEOPLE v. ESTRELLA
(Dec 26, 1989)