People v. Crespo

203 A.D.2d 182, 611 N.Y.S.2d 150, 1994 N.Y. App. Div. LEXIS 4202

Opinion

—Judgment, Supreme Court, Bronx County (Phylis Skloot Bamberger, J.), rendered December 10, 1990, convicting defendant, after jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree and sentencing him, as a second felony offender, to two concurrent terms of IV2 to 9 years, unanimously affirmed.

The trial court properly allowed the police testimony regarding defendant’s uncharged drug sales immediately preceding the charged sale, since its probative value, i.e., to provide a complete and coherent narrative of the offense, including an explanation of why the police targeted defendant (People v Grant, 181 AD2d 579; see, People v Rivera, 186 AD2d 504, 505), outweighed any prejudicial effect to defendant.

The prosecutor’s summation was a fair response to defense arguments and did not exceed the broad bounds of rhetorical comment permissible in closing argument (People v Galloway, 54 NY2d 396, 399). The prosecutor’s comments properly reflected the proof adduced at trial (People v Ashwal, 39 NY2d 105, 109-110). Concur — Ellerin, J. P., Wallach, Kupferman, Rubin and Tom, JJ.