People v. Adams

194 A.D.2d 398, 598 N.Y.S.2d 509, 1993 N.Y. App. Div. LEXIS 5939

Opinion

—Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered October 25, 1991, convicting defendant, after jury trial, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 6 to 12 years, unanimously affirmed.

Viewing the evidence in the light most favorable to the People and giving them the benefit of every reasonable inference (People v Malizia, 62 NY2d 755, cert denied 469 US 932), defendant’s guilt of the crime charged was proven beyond a reasonable doubt (People v Bleakley, 69 NY2d 490). The jury’s determinations of fact and credibility, not unreasonable, will not be disturbed by this Court (People v Gruttola, 43 NY2d 116).

In light of the defense summation utilizing the theme of the People’s witnesses "creating a picture” of defendant as a drug seller, and related comments, the prosecutor’s summation comments regarding credibility of the People’s witnesses constituted appropriate response (People v Marks, 6 NY2d 67, cert denied 362 US 912).

We have reviewed defendant’s additional arguments and find them to be without merit. Concur—Carro, J. P., Rosenberger, Wallach, Kupferman and Rubin, JJ.