Opinion
November 24, 1998
Appeal from the Supreme Court, New York County (William Leibovitz, J.).
The verdict was not against the weight of the evidence (People v. Bleakley, 69 N.Y.2d 490). There was ample evidence that defendant sold cocaine and we find no basis to disturb the jury's findings as to credibility.
The challenged portions of the People's summation were the subject of prompt curative instructions when the comments were made and in the court's charge. When asked, at the conclusion of the court's charge, whether he had any exceptions or requests, defense counsel responded that he did not. The challenge is thus unpreserved.
Concur — Rosenberger, J. P., Nardelli, Wallach and Rubin, JJ.