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PEOPLE v. RIVERA

51 A.D.3d 447 (2008)

855 N.Y.S.2d 897

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALFREDO RIVERA, Appellant.

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

Decided May 6, 2008.

Defendant's claims regarding the prosecutor's summation are unpreserved and we decline to review them in the interest of justice. As an alternative holding, we also reject them on the merits (see People v Overlee, 236 A.D.2d 133 [1997], lv denied 91 N.Y.2d 976 [1998]; People v D'Alessandro, 184 A.D.2d 114, 118-119 [1992], lv denied 81 N.Y.2d 884 [1993]).

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