People v. Gray

202 A.D.2d 206, 609 N.Y.S.2d 778, 1994 N.Y. App. Div. LEXIS 1839

Opinion

—Judgment, Supreme Court, New York County (Renee White, J.), rendered January 8, 1992, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree, and criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to concurrent terms of 4 Vi to 9 years, 4 Vi to 9 years, and 2 Vi to 5 years, respectively, unanimously affirmed.

Though "[t]he District Attorney herein did on occasion exceed the bounds of legitimate fair comment”, the summation was not so egregious as to deny defendant a fair trial (People v D’Alessandro, 184 AD2d 114, 119, lv denied 81 NY2d 884). In any event, defense counsel interposed only two objections (see, People v Briggs, 155 AD2d 306, lv denied 75 NY2d 867), and any error was harmless in light of overwhelming proof of guilt (see, People v Perez, 176 AD2d 165, lv denied 79 NY2d 862). Concur — Sullivan, J. P., Ross, Asch, Rubin and Tom, JJ.