People v. Davis

298 A.D.2d 208, 748 N.Y.S.2d 245, 2002 N.Y. App. Div. LEXIS 9734

Opinion

Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered April 27, 2000, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to concurrent terms of 4V2 to 9 years, unanimously affirmed.

The circumstances of the drug transaction, and the reasonable inferences that could be drawn therefrom, provided the factual predicate for brief and limited background testimony regarding street-level narcotics operations which contained no suggestion of a large-scale conspiracy (see People v Brown, 97 NY2d 500, 506-507).

The challenged portions of the prosecutor’s summation generally consisted of fair comment on the evidence in proper response to the defense summation, and did not deprive defendant of a fair trial (see People v Overlee, 236 AD2d 133, lv denied 91 NY2d 976; People v D'Alessandro, 184 AD2d 114, 118-119, lv denied 81 NY2d 884). Concur — Nardelli, J.P., Mazzarelli, Sullivan, Ellerin and Rubin, JJ.