Opinion
Submitted January 12, 2001.
February 13, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Martin, J.), rendered June 30, 1997, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Lorca Morello of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Caroline R. Donhauser of counsel), and Stroock Stroock Lavan, LLP, New York, N.Y. (Michele L. Pahmer of counsel), for respondent (one brief filed).
Before: FRED T. SANTUCCI, J.P., SONDRA MILLER, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
While some of the prosecutor's summation comments may have been improper, any error was harmless in view of the overwhelming evidence of the defendant' s guilt. The undercover officer who purchased crack cocaine from the defendant testified that the transaction occurred in daylight and she observed the police backup team arrest him about two minutes later. Moreover, the People recovered $10 in prerecorded money from the defendant (see, People v. Crimmins, 36 N.Y.2d 230, 238; People v. Roopchand, 107 A.D.2d 35, 36, affd for reasons stated 65 N.Y.2d 837; People v. Brown, 223 A.D.2d 597; People v. Hernandez, 162 A.D.2d 549; cf., People v. Miller, 149 A.D.2d 439)).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).