People v. Moore — 191 A.D.2d 591

Majority

p. 591

The People of the State of New York, Respondent, v Loretta Gay Moore, Appellant.

[595 NYS2d 334]

—Appeal by the defendant from a judgment of the County Court, Westchester County (West, J.), rendered May 16, 1991, convicting her of criminal sale of a controlled substance in the third degree (two counts) and criminal possession of a controlled substance in the third degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that she was deprived of a fair trial as a result of the prosecutor’s summation. We disagree. Each of the prosecutor’s comments to which the defendant objects was a fair response to the defense counsel’s summation or constituted fair comment on the evidence (People v Ashwal, 39 NY2d 105 ; People v Miller, 143 AD2d 1055 ).

We find that the sentence imposed was neither harsh nor excessive (see, People v Suitte, 90 AD2d 80 ).

p. 592

The defendant’s remaining contentions are without merit. Thompson, J. P., Sullivan, O’Brien and Copertino, JJ., concur.

Cases cited

People v. Ashwal 39 NY2d 105 N.Y. 1976-04-01 p. 591
People v. Miller 143 AD2d 1055 N.Y. App. Div. 1988-10-31 p. 591
People v. Suitte 90 AD2d 80 N.Y. App. Div. 1982-11-22 p. 591