Can a defense counsel refuse to assign a prosecutor's brief comment as misconduct?

Viewing the prosecutor's comments in the context of the argument as a whole--and in light of the applicable instructions--we do not find it reasonably likely that the jury would have construed or applied the complained-of remarks in an objectionable manner. (People v. Samayoa (1997) 15 Cal.4th 795, 841.) Further, defense counsel did not engage in ineffective assistance by declining to assign the prosecutor's brief comment as misconduct. The mere failure to object rarely rises to a level implicating one's

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constitutional right to effective legal counsel. (People v. Williams, supra, 16 Cal.4th at p. 221.)

Defense counsel did not render ineffective assistance by failing to object to the prosecutor's brief comment at argument.