Opinion
Submitted May 11, 2001.
June 4, 2001.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Gazzillo, J.), rendered July 6, 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 resisting arrest, upon a jury verdict, and imposing sentence.
Before: GABRIEL M. KRAUSMAN, J.P., ANITA R. FLORIO, SANDRA J. FEUERSTEIN and BARRY A. COZIER, JJ.
Del Atwell, Montauk, N.Y., for appellant.
James M. Catterson, Jr., District Attorney, Riverhead, N.Y. (Mary Catherine Mullen of counsel), for respondent.
ORDERED that the judgment is affirmed.
The defendant was convicted of selling $20 worth of crack cocaine to an undercover officer in a "buy and bust" operation. Viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620), 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 of guilt was not against the weight of the evidence (see, CPL 470.15).
The challenged comments made by the prosecutor during summation were made in response to the defense counsel's remarks, and did not constitute prosecutorial misconduct (see, People v. Morgan, 66 N.Y.2d 255, cert denied 476 U.S. 1120).
The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are without merit.
KRAUSMAN, J.P., FLORIO, FEUERSTEIN and COZIER, JJ., concur.