Opinion
2403.
Decided December 9, 2003.
Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered January 14, 2002, convicting defendant, after a jury trial, of criminal sale of a controlled substance in or near school grounds, and sentencing him to a term of 3 to 9 years, unanimously affirmed.
William K. Clark, for Respondent.
Kerry Elgarten, for Defendant-Appellant.
Before: Rosenberger, J.P., Lerner, Friedman, Marlow, 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). There is no basis for disturbing the jury's determinations concerning identification.
Giving deference to the trial court's ability to observe demeanor, we conclude that the court properly granted the People's challenges for cause to two prospective jurors ( see People v. Williams, 63 N.Y.2d 882, 885). One of the panelists' responses established that, based on his predispositions, he lacked the ability to evaluate testimony in a fair and impartial manner or to follow the court's instructions as to reasonable doubt. The other gave an irrelevant response that was bizarre, casting doubt on his mental competence.
The challenged portions of the People's summation generally constituted fair comment on the evidence, and reasonable inferences to be drawn therefrom, in response to defense arguments, and the summation did not deprive defendant of a fair trial ( 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).
We have considered and rejected defendant's remaining claims.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.