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People v. Berrian

277 A.D.2d 9 Court N.Y. App. Div. Decision date 2000-11-02 English

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p. 9
The People of the State of New York, Respondent, v Leonard Berrian, Appellant.
[716 NYS2d 294]

—Judgment, Supreme Court, New York County (Mary McGowan Davis, J.), rendered September 2, 1997, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 6 to 12 years, unanimously affirmed.

The challenged portions of the People’s examination of witnesses and their summation could not have deprived defendant of a fair trial in view of the court’s curative actions in each instance as well as the overwhelming evidence of defendant’s guilt. Concur — Nardelli, J. P., Tom, Lerner, Buckley and Friedman, JJ.