Opinion
2338.
December 2, 2003.
Judgment, Supreme Court, Bronx County (Efrain Alvarado, J.), rendered September 8, 2000, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to concurrent terms of 5 to 11 years, unanimously affirmed.
Andrew N. Sacher for Respondent.
Peter H. Dailey for Defendant-Appellant.
Before: Nardelli, J.P., Mazzarelli, Rosenberger, Lerner, Friedman, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence ( see People v. Bleakley, 69 N.Y.2d 490). Issues of credibility and identification were properly presented to the jury and we find no reason to disturb its determinations.
The challenged portions of the People's summation did not deprive defendant of a fair trial ( see People v. D'Alessandro, 184 A.D.2d 114, 118-119, lv denied 81 N.Y.2d 884). To the extent that any of the challenged remarks were inappropriate, the court's prompt curative actions were sufficient to prevent any prejudice ( see People v. Santiago, 52 N.Y.2d 865).
We perceive no basis for reducing the sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.