Opinion
March 24, 1994
Appeal from the Supreme Court, New York County (Mary McGowan Davis, J.).
Viewed in a light most favorable to the People (People v Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), the eyewitness testimony that defendant exchanged drugs for money and was arrested with four glassines of heroin in his possession was sufficient as a matter of law to prove that defendant possessed the heroin with the intent to sell it. Moreover, upon an independent review of the facts, we find that the verdict was not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490).
We have reviewed defendant's arguments that the prosecutor's summation deprived him of a fair trial and find that the comments in question were a fair response to the defense's summation (People v. Emphram, 179 A.D.2d 402, 403, lv denied 79 N.Y.2d 947).
Concur — Sullivan, J.P., Carro, Ellerin, Asch and Tom, JJ.