Opinion
June 12, 1989
Appeal from the Supreme Court, Kings County (Fisher, J.).
Ordered that the judgment is affirmed.
The defendant was convicted of criminal sale of a controlled substance in the third degree primarily upon the testimony of the undercover police officer to whom he sold the controlled substance. Viewing the evidence in a light most favorable to the prosecution (People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15).
The defendant failed to object to the allegedly prejudicial effect of certain statements made during the prosecutor's summation (see, CPL 470.05; People v. Nuccie, 57 N.Y.2d 818; People v. Baldo, 107 A.D.2d 751). In any event, the defendant's contentions are without merit (see, People v. Martin, 112 A.D.2d 387; People v. Lopez, 104 A.D.2d 904). The defendant's argument that there was a pattern of improper questioning by the prosecutor is similarly not supported by the record and without merit. Brown, J.P., Kooper, Harwood and Rosenblatt, JJ., concur.