People v. Smalls

220 A.D.2d 211, 632 N.Y.S.2d 14, 1995 N.Y. App. Div. LEXIS 9658

Opinion

—Judgment, Supreme Court, New York County (Ira Beal, J.), rendered April 13,1993, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, and sentencing him to concurrent prison terms of 41/2 to 9 years and 6 months, respectively, unanimously affirmed.

The challenged portions of the People’s summation were proper comment on evidence that permitted an inference of an "acting-in-concert” scheme to sell drugs between defendant and the unapprehended seller (see, People v Ashwal, 39 NY2d 105, 109-110), and did not deprive defendant of a fair trial. Concur—Sullivan, J. P., Ellerin, Rubin, Kupferman and Asch, JJ.