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State v. Wilfredo Vergara

Appellate Division of the Supreme Court of New York, First Department
Nov 1, 2007
45 A.D.3d 272 (N.Y. App. Div. 2007)

Opinion

No. 1872 4235/04.

November 1, 2007.

Judgment, Supreme Court, Bronx County (Megan Tallmer, J.), rendered March 2, 2006, 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 9 to 18 years, unanimously affirmed.

Robert S. Dean, Center for Appellate Litigation, New York (Jonathan M. Kirshbaum of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Lawrence H. Cunningham of counsel), for respondent.

Before: Tom, J.P., Saxe, Sullivan, Gonzalez and Sweeny, JJ.


The verdict was not against the weight of the evidence. Defendant's course of conduct warrants the conclusion that he was a participant in the drug transaction, whose role included bringing a customer to a seller, specifying the price, accepting payment, and taking an order ( see People v Bello, 92 NY2d 523).

The court properly exercised its discretion in denying defendant's mistrial motion, made on the basis of the prosecutor's summation. The challenged remarks constituted fair comment on the evidence, made within the bounds of permissible advocacy, and were responsive to defense arguments ( see People v Overlee, 236 AD2d 133, lv denied 91 NY2d 976; People v D'Alessandro, 184 AD2d 114, 118-119, lv denied 81 NY2d 884).

We perceive no basis for reducing the sentence.


Summaries of

State v. Wilfredo Vergara

Appellate Division of the Supreme Court of New York, First Department
Nov 1, 2007
45 A.D.3d 272 (N.Y. App. Div. 2007)
Case details for

State v. Wilfredo Vergara

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILFREDO VERGARA…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 1, 2007

Citations

45 A.D.3d 272 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 8286
843 N.Y.S.2d 830

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