People v. Concepcion

266 A.D.2d 227, 697 N.Y.S.2d 697, 1999 N.Y. App. Div. LEXIS 11052

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered November 8, 1996, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

There is no merit to the defendant’s argument that he was deprived of a fair trial by prosecutorial misconduct. When a case is tried without a jury, absent a showing of prejudice, the Trial Judge is presumed to have considered only competent evidence adduced at trial in reaching the verdict (see, People v Robinson, 143 AD2d 376, 377). There is no basis for finding that the court considered anything but competent evidence. Bracken, J. P., Friedmann, Goldstein and Smith, JJ., concur.