Opinion
October 13, 1994
Appeal from the Supreme Court, Bronx County (Joseph Mazur, J.).
Viewing the evidence in the light most favorable to the People (People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), defendant's guilt was established beyond a reasonable doubt (People v. Bleakley, 69 N.Y.2d 490). The undercover identified defendant after the drug sale and again at trial. The absence of drugs or pre-recorded buy money does not prevent a jury finding of defendant's guilt (see, People v. Vickers, 177 A.D.2d 608).
While the prosecutor's improper statement implied that defendant should produce evidence to rebut his guilt (see, People v. Pizzaro, 184 A.D.2d 448, 449, lv denied 80 N.Y.2d 908), the statement was not part of a pattern designed to prejudice the jury (People v. Halm, 81 N.Y.2d 819, 821), and there is not a significant likelihood that this single comment affected the verdict (People v. Pizzaro, supra), especially in light of the court's corrective charge.
We have considered defendant's remaining contentions and find them to be without merit.
Concur — Wallach, J.P., Kupferman, Ross, Nardelli and Williams, JJ.