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PEOPLE v. ARCHER

2009-04688.

82 A.D.3d 781 (2011)

917 N.Y.S.2d 901

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRETT ARCHER, Appellant.

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

Decided March 1, 2011.

Ordered that the judgment is affirmed.

The defendant's contention that improper remarks made by the prosecutor in summation deprived him of a fair trial is unpreserved for appellate review (see CPL 470.05 [2]; People v Bey, 71 A.D.3d 1156 [2010]). In any event, the challenged remarks were proper because they constituted fair comment upon the evidence or fair response to the defense summation, or otherwise remained...

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