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PEOPLE v. GUERRERO

217 A.D.2d 411 (1995)

629 N.Y.S.2d 234

The People of the State of New York, Respondent, v. Hugo Guerrero, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

July 6, 1995

Defendant's claim of prosecutorial misconduct in summation is largely unpreserved. Were we to review the comments in question, including the characterization of defendant's testimony as a "fairytale", we would find that they were properly responsive to defense arguments and constituted fair comment on the evidence presented within the broad bounds of rhetorical comment permissible in closing argument (see, People v Wright, 212 A.D.2d 413

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