Opinion
Submitted January 28, 2000
March 17, 2000
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered March 31, 1997, convicting him of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree (two counts), criminal possession of a controlled substance in the fourth degree (two counts), criminal possession of a controlled substance in the seventh degree, and criminally using drug paraphernalia in the second degree (two counts), upon a jury verdict, and imposing sentence.
David Epstein, New York, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie and Thomas S. Burka of counsel), for respondent.
DANIEL W. JOY, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN, ANITA R. FLORIO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant' s guilt beyond a reasonable doubt (see, People v. Alexander, 176 A.D.2d 947; People v. Harvey, 175 A.D.2d 138). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 Crim. Proc.[5]).
The Supreme Court providently exercised its discretion when it ordered the defendant to be removed from the courtroom (see,People v. Byrnes, 33 N.Y.2d 343), after he ignored the court's numerous admonitions not to interrupt the proceedings.
The comments made by the prosecution during summation were either fair comment on the evidence or were harmless in light of the overwhelming evidence of the defendant' s guilt (see, People v. Crimmins, 36 N.Y.2d 230; People v. Acevedo, 156 A.D.2d 569.
The defendant's remaining contentions are without merit.
JOY, J.P., S. MILLER, FRIEDMANN, and FLORIO, JJ., concur.