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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL HIGGINS, Appellant.

Ordered that the judgment and order are affirmed.

The defendant's contention that the remarks made by the prosecutor in summation deprived him of a fair trial has not been preserved for appellate review as no objections were made at the time (see, CPL 470.05). Further, in view of the overwhelming evidence of the defendant's guilt there is no basis upon which to exercise our interest of justice jurisdiction.

With respect to the defendant's contentions in his pro se supplemental brief, we find that either they are not properly before us on direct appeal (see, People v. Rodriguez, 123 A.D.2d 405; People v. Johnson, 73 A.D.2d 652), or are without merit (see, CPL 440.30 [a]; People v. Baldi, 54 N.Y.2d 137, 147; People v. Morris, 100 A.D.2d 630, 631, affd 64 N.Y.2d 803). Bracken, J.P., Kunzeman, Eiber and Spatt, JJ., concur.

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PEOPLE v. HIGGINS
(Jun 12, 1989)