Opinion
2037
October 29, 2002.
Judgment, Supreme Court, Bronx County (Nicholas Iacovetta, J.), rendered September 21, 1999, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third and fourth degrees, and sentencing him, as a second felony offender, to an aggregate term of 5 to 10 years, unanimously affirmed.
ARGIRO KOSMETATOS, for respondent.
CAMILLA B. TAYLOR, for defendant-appellant.
Before: Mazzarelli, J.P., Andrias, Buckley, Marlow, JJ.
Defendant's challenges to the prosecutor's summation are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find that the remarks at issue were fair comment on the evidence and were responsive to defendant's summation (see People v. Overlee, 236 A.D.2d 133, lv denied 91 N.Y.2d 976; People v. D'Alessandro, 184 A.D.2d 114, 118-119, lv denied 81 N.Y.2d 884).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.