Opinion
May 10, 2001.
Judgment, Supreme Court, Bronx County (Frank Torres, J.), rendered June 23, 1999, convicting defendant, after a jury trial, of criminal sale of a controlled substance in or near school grounds and criminal sale of a controlled substance in the third degree, and sentencing him to concurrent terms of 2 to 6 years and 1 to 3 years, unanimously affirmed.
Claris R. Sukkar, for respondent.
Robert S. Dean, for defendant-appellant.
Before: Sullivan, P.J., Rosenberger, Tom, Andrias, Marlow, JJ.
The challenged portions of the People's summation were generally responsive to the defense summation and there was no pattern of prejudicial misconduct that would warrant reversal (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). To the extent that the prosecutor, in a brief and isolated comment, mischaracterized defendant's position, this did not rise to the level of depriving defendant of a fair trial.
We have considered and rejected defendant's remaining claims.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.