Opinion
September 20, 2001.
Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered June 2, 1999, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 6 to 12 years, unanimously affirmed.
Before: Sullivan, P.J. Mazzarelli, Ellerin, Wallach and Lerner, JJ.
Defendant's challenges to the court's pre-voir dire description of the alleged facts and to the People'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 court contemplated by CPL 270.15(1)(b), did not invite premature analysis of the evidence or otherwise prejudice defendant, and that the challenged portions of the summation generally constituted fair comment on the evidence and do not warrant reversal (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). However, the trial court would do well to adhere more strictly to the statutory mandate in the future.
We find no basis to disturb the sentence.
This constitutes the decision and order of the Supreme Court, Appellate Division, First Department.