Appeal from the Supreme Court, New York County (Herman Cahn, J.). Issues similar to those raised by defendant concerning the sufficiency of the proof of intent to defraud were rejected by this Court on appeals from several of his codefendants, who also participated as employees of Mineral Resources Corp. in a "boiler room" set up for the sale of the metal tantalum through unsolicited, but carefully-timed and scripted, telephone calls and follow-up mailing of promotional materials ( see, People vDeangelis, 186 A.D.2d 397, lv denied 80 N.Y.2d 1026; People v Korsen, 167 A.D.2d 180, lv denied 77 N.Y.2d 962; People v Salvage, 112 A.D.2d 59), and we perceive no significant difference in the proof adduced against defendant. On the contrary, the evidence against defendant, which showed his participation not only as a salesperson but also as a supervisor of other salespersons, and his use of his employer's sales method, if not its sales script, to cause a customer to feel a false sense of urgency about the supply of tantalum, was overwhelming, rendering harmless the prosecutor's outside-the-record summation reference to "the Hunt sizzle" ( People v. Crimmins, 36 N.Y.2d 230).
Viewing this evidence in the light most favorable to the People and giving them the benefit of every reasonable inference (People v Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), defendant's guilt of the crimes charged was proven by overwhelming evidence (People v Bleakley, 69 N.Y.2d 490). We note that defendant raises numerous issues regarding sufficiency of evidence of intent and scienter in connection with the fraud and conspiracy charges, and that similar claims were previously considered and rejected by this Court in deciding the appeal of codefendant Mindy Sue Salvage (People v Salvage, 112 A.D.2d 59). We find further that the sentence imposed is not excessive (People v Farrar, 52 N.Y.2d 302, 305).
Defendant and several coconspirators were convicted for their participation in a scheme whereby they solicited sales, on behalf of the Mineral Resources Corporation, of the metal tantalum. (People v. Bein, 129 A.D.2d 1013; People v. Salvage, 112 A.D.2d 59; People v. Jones, 104 A.D.2d 330; People v. Baum, 123 A.D.2d 526.) As we have noted in People v. Jones (supra), Mineral Resources Corporation was engaged in a "boiler room" operation, where customers were induced to make purchases through fraudulent representations made over the telephone, supplemented by the mailing of promotional material which also contained misrepresentations as to the current and projected markets for tantalum, as well as incorrect statements as to the source countries from which the United States made purchases.