Opinion
2742.
Decided January 27, 2004.
Judgment, Supreme Court, New York County (Charles Tejada, J.), rendered November 8, 2001, 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 degree, and sentencing him, as a second felony offender, to concurrent terms of 5 to 10 years, unanimously affirmed.
Michael Hanin, for Respondent.
Robert S. Dean, for Defendant-Appellant.
Before: Tom, J.P., Andrias, Lerner, Friedman, Marlow, JJ.
Defendant's unelaborated objections failed to preserve his challenges to background testimony regarding street-level drug operations ( People v. Tevaha, 84 N.Y.2d 879) and to the People's summation ( People v. Harris, 98 N.Y.2d 452, 493 N.Y.2d 18), and we decline to review them in the interest of justice. Were we to review these claims, we would find that the court properly exercised its discretion in admitting brief, limited testimony that assisted the jury in understanding defendant's role in the drug transaction and refuted his claim of innocence. Further, we would also find that the challenged summation remarks generally constituted fair comment on the evidence in response to defense arguments ( 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.