People v. Brown

208 A.D.2d 414, 617 N.Y.S.2d 175, 1994 N.Y. App. Div. LEXIS 9654

Opinion

Judgment, Supreme Court, Bronx County (Joseph Mazur, J.), rendered March 10, 1993, convicting defendant, upon 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.

Viewing the evidence in the light most favorable to the People (People v Malizia, 62 NY2d 755, cert denied 469 US 932), defendant’s guilt was established beyond a reasonable doubt (People v Bleakley, 69 NY2d 490). The undercover identified defendant after the drug sale and again at trial. The absence of drugs or pre-recorded buy money does not prevent a jury finding of defendant’s guilt (see, People v Vickers, 177 AD2d 608).

While the prosecutor’s improper statement implied that defendant should produce evidence to rebut his guilt (see, People v Pizzaro, 184 AD2d 448, 449, lv denied 80 NY2d 908), the statement was not part of a pattern designed to prejudice the jury (People v Halm, 81 NY2d 819, 821), and there is not a significant likelihood that this single comment affected the verdict (People v Pizzaro, supra), especially in light of the court’s corrective charge.

We have considered defendant’s remaining contentions and find them to be without merit. Concur—Wallach, J. P., Kupferman, Ross, Nardelli and Williams, JJ.