Opinion
2011-11-10
The PEOPLE of the State of New York, Respondent,v.Tyrone ROSS, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Angie Louie of counsel), for appellant.Cyrus R. Vance, Jr., District Attorney, New York (Patricia Curran of counsel), for respondent.
Judgment, Supreme Court, New York County (Arlene D. Goldberg, J.), rendered June 28, 2010, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony drug offender whose prior felony conviction was a violent felony, to a term of 9 years, unanimously affirmed.
By failing to object, or by failing to make specific objections on the same grounds raised on appeal, defendant did not preserve his challenges to the prosecutor's summation ( see People v. Balls, 69 N.Y.2d 641, 511 N.Y.S.2d 586, 503 N.E.2d 1017 [1986] ), and we decline to review them in the interest of justice. As an alternative holding, we find no basis for reversal. The comments at issue were based on reasonable inferences drawn from the evidence and were fair response to defense counsel's attacks on the credibility of the People's witnesses ( see People v. Overlee, 236 A.D.2d 133, 666 N.Y.S.2d 572 [1997], lv. denied 91 N.Y.2d 976, 672 N.Y.S.2d 855, 695 N.E.2d 724 [1998]; People v. D'Alessandro, 184 A.D.2d 114, 118–119, 591 N.Y.S.2d 1001 [1992], lv. denied 81 N.Y.2d 884, 597 N.Y.S.2d 945, 613 N.E.2d 977 [1993] ).
We perceive no basis for reducing the sentence.
TOM, J.P., ANDRIAS, ACOSTA, FREEDMAN, RICHTER, JJ., concur.