People v. Brown

130 A.D.2d 585, 514 N.Y.S.2d 1014, 1987 N.Y. App. Div. LEXIS 46588

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Grajales, J.), rendered February 4, 1986, convicting him of criminal sale of a controlled substance in the fifth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Upon the exercise of our factual review power we are satisfied that the evidence was of sufficient quantity and quality to establish the defendant’s guilt beyond a reasonable doubt.

The defendant’s remaining contention that certain comments made by the prosecutor during summation deprived him of a fair trial has not been preserved for appellate review (see, CPL 470.05 [2]; People v Thomas, 50 NY2d 467) and we decline to review this contention in the interest of justice. Thompson, J. P., Bracken, Rubin and Eiber, JJ., concur.