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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK ALLEN, Appellant.

Ordered that the judgment is affirmed.

On this appeal the defendant contends that he was denied a fair trial by certain comments made during the prosecutor's summation. The record reveals that the comments called upon the jury to draw conclusions which were fairly inferable from the evidence (see, People v Ashwal, 39 N.Y.2d 105, 110). Moreover, inasmuch as defense counsel had commented on these matters during his summation, viewing them in a manner favorable to the defendant, the prosecutor's comments were a fair response to those of defense counsel (see, People v Anthony, 24 N.Y.2d 696; People v Singleton, 121 A.D.2d 752, lv denied 68 N.Y.2d 918; People v Blackman, 88 A.D.2d 620).

We have considered the defendant's remaining contentions and find them to be without merit. Mangano, J.P., Bracken, Eiber and Spatt, JJ., concur.

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PEOPLE v. ALLEN
(Apr 20, 1987)