Opinion
2001-11032, 1999-09656
Submitted December 14, 2001.
December 31, 2001.
Appeal by the defendant from a judgment of the County Court, Westchester County (Lange, J.), rendered September 24, 1999, convicting him of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree, and criminal possession of a controlled substance in the fifth degree, upon a jury verdict, and imposing sentence.
Jessica A. Hugel, Tarrytown, N.Y., for appellant.
Jeanine Pirro, District Attorney, White Plains, N Y (Thomas K. Chong and Valerie A. Livingston of counsel), for respondent.
Before: GABRIEL M. KRAUSMAN, J.P., WILLIAM D. FRIEDMANN, SANDRA J. FEUERSTEIN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant contends that he was denied a fair trial by the prosecutor's misconduct during summation. In determining whether the prosecutor's remarks amounted to misconduct, his summation must be examined in the context of the summation delivered by the defense counsel (see, People v. Galloway, 54 N.Y.2d 396). While some of the prosecutor's comments might have been strident, his summation does not warrant reversal (see, People v. Russo, 201 A.D.2d 512, affd 85 N.Y.2d 872).
KRAUSMAN, J.P., FRIEDMANN, FEUERSTEIN and SCHMIDT, JJ., concur.