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PEOPLE, res, v. MARVIS RIVERS, def-ap

3587. PEOPLE, res, v. MARVIS RIVERS, def-ap — Stanley Neustadter, Cardozo Criminal Appeals Clinic, New York (Michael Rivkin of counsel), for ap — Darcel D. Clark, District Attorney, Bronx (James J. Wen of counsel), for res — Judgment, Supreme Court, Bronx County (Margaret L. Clancy, J.), rendered January 18, 2013, convicting defendant, after a jury trial, of robbery in the first degree, robbery in the second degree (two counts), burglary in the first degree and burglary in the second degree (two counts), and sentencing him, as a second felony offender, to an aggregate term of 17 years, unanimously affirmed.

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3587. PEOPLE, res, v. MARVIS RIVERS, def-ap — Stanley Neustadter, Cardozo Criminal Appeals Clinic, New York (Michael Rivkin of counsel), for ap — Darcel D. Clark, District Attorney, Bronx (James J. Wen of counsel), for res — Judgment, Supreme Court, Bronx County (Margaret L. Clancy, J.), rendered January 18, 2013, convicting defendant, after a jury trial, of robbery in the first degree, robbery in the second degree (two counts), burglary in the first degree and burglary in the second degree (two counts), and sentencing him, as a second felony offender, to an aggregate term of 17 years, unanimously affirmed.

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 reject them on the merits. The prosecutor never suggested that certain DNA evidence, which was unidentifiable, linked defendant to the crime, and defendant’s assertion that the prosecutor made the kind of misrepresentations described in People v. Wright (25 NY3d 769 [2015]]) is meritless. The other remarks challenged by defendant, either directly or as part of his ineffective assistance claim, were fair responses to the defense summation, and they did not shift the burden of proof or improperly appeal to the jurors’ sympathies (see People v. Overlee, 236 AD2d 133 [1st Dept 1997], lv denied 91 NY2d 976 [1992]).

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