Opinion
2339.
December 2, 2003.
Judgment, Supreme Court, Bronx County (Barbara Newman, J.), rendered March 29, 2000, convicting defendant, after a jury trial, of criminal sale of a controlled substance on or near school grounds, and sentencing him, as a second felony offender, to a term of 6 to 13 years, unanimously affirmed.
Albert Ceva, for Respondent.
Susanna De La Pava, for Defendant-Appellant.
Before: NARDELLI, J.P., MAZZARELLI, ROSENBERGER, LERNER, FRIEDMAN, JJ.
The court properly exercised its discretion ( see Delaware v. Van Arsdall, 475 U.S. 673, 678-679) in precluding cross-examination of the undercover officer as to a John Doe name he used in connection with an unrelated drug purchase on the day in question ( see People v. Gomez, 236 A.D.2d 268, lv denied 89 N.Y.2d 1012; compare People v. Terry, 209 A.D.2d 257, lv denied 85 N.Y.2d 914). Defendant's theory of relevance was highly speculative.
Although some of the remarks made by the prosecutor in summation exceeded the limits of permissible comment, they did not deprive defendant of a fair trial and there was no pattern of egregious misconduct warranting reversal ( see People v. D'Alessandro, 184 A.D.2d 114, 118-119, lv denied 81 N.Y.2d 884).
We note also that the court gave a curative instruction that was reiterated in the final charge.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.