Opinion
April 2, 1990
Appeal from the Supreme Court, Queens County (Bambrick, J.).
Ordered that the judgment is affirmed.
Pursuant to a police street narcotics enforcement operation, an officer observed the defendant, along with two accomplices, engaged in a scheme to sell illegal drugs on Northern Boulevard to passersby. At approximately 4:18 that afternoon, the defendant sold crack cocaine to, among others, Patricia Black, who was later arrested. In a search incident to Black's arrest, the police recovered crack concealed in a cellophane wrapper.
Viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620, 621), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).
The court's failure while marshaling the evidence to refer to the testimony brought out on cross-examination by defense counsel did not deprive the defendant of a fair trial (see, People v Culhane, 45 N.Y.2d 757, 758; see also, People v. Gray, 144 A.D.2d 483, 484; People v. McCright, 107 A.D.2d 766, 767; People v Little, 98 A.D.2d 752, 753). The trial was of brief duration. The issues presented to the jury were relatively simple, as were the facts. Moreover, defense counsel thoroughly reviewed the evidence in his summation. Bracken, J.P., Lawrence, Kunzeman and Kooper, JJ., concur.