People v. Perez

279 A.D.2d 291, 718 N.Y.S.2d 835, 2001 N.Y. App. Div. LEXIS 141

Opinion

Judgment, Supreme Court, New York County (Richard Carruthers, J.), rendered February 8, 1999, 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 second degree and resisting arrest, and sentencing him, as second felony offender, to concurrent terms of 6 to 12 years, 6 to 12 years and 1 year, respectively, unanimously affirmed.

The prosecutor’s summation was responsive to the defense summation, was fair comment based on the evidence and was within the permissible bounds of rhetorical comment (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).

We perceive no abuse of discretion in sentencing. Concur— Sullivan, P. J., Nardelli, Williams, Mazzarelli and Saxe, JJ.