Opinion
October 31, 1994
Appeal from the Supreme Court, Richmond County (Kuffner, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the prosecutor's statements during summation warrant reversal is not preserved for appellate review (see, CPL 470.05; People v. Washington, 197 A.D.2d 720; People v. Bruen, 136 A.D.2d 648). In any event, the prosecutor's statements constituted fair response to the defendant's summation and did not unduly prejudice the defendant so as to deprive him of a fair trial (see, People v. Galloway, 54 N.Y.2d 396; People v. Ashwal, 39 N.Y.2d 105; People v. Paulino, 187 A.D.2d 736; People v. Roopchand, 107 A.D.2d 35, affd 65 N.Y.2d 837). Ritter, J.P., Copertino, Friedmann and Florio, JJ., concur.