People v. Crespo — 203 A.D.2d 182

Majority

p. 182

The People of the State of New York, Respondent, v Abraham Crespo, Appellant.

[611 NYS2d 150]

—Judgment, Supreme Court, Bronx County (Phylis Skloot Bamberger, J.), rendered December 10, 1990, convicting defendant, after 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 second felony offender, to two concurrent terms of IV2 to 9 years, unanimously affirmed.

The trial court properly allowed the police testimony regarding defendant’s uncharged drug sales immediately preceding the charged sale, since its probative value, i.e., to provide a complete and coherent narrative of the offense, including an explanation of why the police targeted defendant (People v Grant, 181 AD2d 579 ; see, People v Rivera, 186 AD2d 504 , 505), outweighed any prejudicial effect to defendant.

The prosecutor’s summation was a fair response to defense

p. 183

arguments and did not exceed the broad bounds of rhetorical comment permissible in closing argument (People v Galloway, 54 NY2d 396 , 399). The prosecutor’s comments properly reflected the proof adduced at trial (People v Ashwal, 39 NY2d 105 , 109-110). Concur — Ellerin, J. P., Wallach, Kupferman, Rubin and Tom, JJ.

Cases cited

People v. Grant 181 AD2d 579 N.Y. App. Div. 1992-03-24 p. 182
People v. Galloway 54 NY2d 396 N.Y. 1981-11-24 at 399 p. 183
People v. Ashwal 39 NY2d 105 N.Y. 1976-04-01 at 109-110 p. 183