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PEOPLE v. RODRIGUEZ

2671, 5455/07.

79 A.D.3d 644 (2010)

913 N.Y.S.2d 202

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SERGIO RODRIGUEZ, Appellant.

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

Decided December 28, 2010.

Defendant's challenges to the People's summation are unpreserved, and we decline to review them in the interest of justice. As an alternative holding, we also find that the challenged portions of the summation constituted permissible comment (see generally People v Overlee, 236 A.D.2d 133 [1997], lv denied 91 N.Y.2d 976 [1998]) on the victim's demeanor when he entered the courtroom and saw defendant. The prosecutor...

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