Opinion
1845
October 14, 2003.
Judgment, Supreme Court, New York County (Marcy Kahn, J.), rendered November 13, 2000, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.
Eleanor J. Ostrow, for respondent.
Cheryl Williams, for defendant-appellant.
Before: Nardelli, J.P., Mazzarelli, Andrias, Marlow, Gonzalez, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning credibility (see People v. Gaimari, 176 N.Y. 84, 94). The evidence, which included defendant's own remark that he was operating a drug "business," clearly established his participation in the sale (see People v. Bello, 92 N.Y.2d 523).
Defendant's challenges to the People's summation are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find that the challenged remarks constituted fair comment on the evidence, including the self-incriminating statement made by defendant during the transaction (see People v. Overlee, 236 A.D.2d 133,lv denied 91 N.Y.2d 976).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.