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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LOUIS DECESARE, Appellant.

Judgment affirmed.

The evidence adduced at trial, viewed in the light most favorable to the People ( People v. Malizia, 62 N.Y.2d 755, cert denied ___ US ___, 105 S Ct 327; People v. Benzinger, 36 N.Y.2d 29), is sufficient to sustain the conviction. Moreover, defendant's claim that he was deprived of a fair trial as a result of certain remarks made by the prosecutor during summation has not been preserved for review as a matter of law ( People v Santiago, 52 N.Y.2d 865; People v. Jalah, 107 A.D.2d 762; People v Thompson, 97 A.D.2d 554) and, in any event, lacks merit. Bracken, J.P., O'Connor, Rubin and Kunzeman, JJ., concur.

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PEOPLE v. DECESARE
(Jul 1, 1985)