Majority
p. 550The People of the State of New York, Respondent, v Franklin Flores, Appellant.
— Judgment, Supreme Court, New York County (Herbert I. Altman, J.), rendered September
p. 551
4, 1990, 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 third degree, and sentencing him as a predicate felony officer to concurrent terms of imprisonment of 5 to 10 years, unanimously affirmed.
Upon an independent review of the facts, we find that the verdict was not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490 ). Defendant has not demonstrated that the jury failed to accord the evidence its proper weight, and the jury was entitled to reject defendant’s account of the incident. (People v Siu Wah Tse, 91 AD2d 350 , 352.) Defendant’s argument that comments made by the prosecutor during summation deprived him of a fair trial is unpreserved (CPL 470.05 [2]), and, in any event, without merit (People v Galloway, 54 NY2d 396 ). Concur — Sullivan, J. P., Wallach, Asch, Kassal and Rubin, JJ.
Cases cited
- People v. Bleakley 69 NY2d 490 p. 551
- People v. Siu Wah Tse 91 AD2d 350 at 352 p. 551
- People v. Galloway 54 NY2d 396 p. 551