Opinion
5780
January 3, 2002.
Judgment, Supreme Court, New York County (Joan Sudolnik, J.), rendered July 31, 2000, convicting defendant, after a jury trial, of criminal sale of a controlled substance in or near school grounds (four counts) and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to five concurrent terms of 7 to 14 years, unanimously affirmed.
SUZANNE M. HERBERT, for respondent.
LUKE MARTLAND, for defendant-appellant.
Before: Sullivan, J.P., Rosenberger, Lerner, Rubin, Buckley, JJ.
Defendant's various challenges to police expert testimony regarding street-level narcotics transactions and to the prosecutor's comments on this testimony and on the role played by defendant in the drug transactions are unpreserved (People v. Tevaha, 84 N.Y.2d 879), and we decline to review them in the interest of justice. Were we to review these claims, we would find that the brief and limited testimony concerning the roles of participants in street-level drug sales was warranted by the evidence, was relevant to issues presented in the case and was not unduly prejudicial (see, People v. Hunt, 249 A.D.2d 246, lv denied 92 N.Y.2d 899; People v. Lacey, 245 A.D.2d 145, lv denied 91 N.Y.2d 927), and that the prosecutor's statements do not require reversal.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.