Opinion
221
February 20, 2003.
Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered January 18, 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 6 to 13 years, unanimously affirmed.
INGRID E. MacDONALD, for Respondent.
EUNICE C. LEE, for Defendant-Appellant.
Before: Tom, J.P., Mazzarelli, Ellerin, Williams, Marlow, JJ.
Any error in the admission of evidence concerning the use of drugs and possession of crack pipes by a person sitting next to defendant at the time of his arrest could not have affected the verdict and does not warrant reversal (see People v. Crimmins, 36 N.Y.2d 230).
Defendant's challenges to the prosecutor's summation are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find no basis for reversal (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.