Opinion
October 9, 1990
Appeal from the Supreme Court, New York County (Budd Goodman, J.).
Defendant was positively identified by an undercover officer moments after he was arrested for selling narcotics. Defendant admitted being in possession of controlled substances, and conceded that he had a drug habit, but argued that he never made the sale, and, essentially, that the wrong man had been arrested.
Defendant's claims on appeal are unpreserved as a matter of law, and we decline to review them in the interest of justice.
While we do not condone the prosecutor's attempt to compel defendant to characterize the People's witnesses as liars, on his comments in summation on the conduct of drug dealers generally, we observe nevertheless that reversal would not be warranted in view of the overwhelming evidence of defendant's guilt. (People v. Crimmins, 36 N.Y.2d 230.)
We have examined defendant's other contentions and find them to be without merit.
Concur — Sullivan, J.P., Carro, Milonas, Smith and Rubin, JJ.