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PEOPLE v. UNDERWOOD

3216, 3081/07.

75 A.D.3d 430 (2010)

903 N.Y.S.2d 229

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRANCE UNDERWOOD, Appellant.

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

Decided July 1, 2010.

Defendant's challenges to the prosecutor's summation are unpreserved and we decline to review them in the interest of justice. As an alternative holding, we find that the remarks at issue were permissible responses to the defense summation, and that nothing in the summation deprived defendant of a fair trial (see People v Overlee, 236 A.D.2d 133 [1997], lv denied 91 N.Y.2d 976 [1998]; People v D'Alessandro,

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