Majority
p. 291The People of the State of New York, Respondent, v Sixto Perez, Appellant. [718 NYS2d 835]
Judgment, Supreme Court, New York County (Richard Carruthers, J.), rendered
p. 292
February 8, 1999, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the second degree and resisting arrest, and sentencing him, as second felony offender, to concurrent terms of 6 to 12 years, 6 to 12 years and 1 year, respectively, unanimously affirmed.
The prosecutor’s summation was responsive to the defense summation, was fair comment based on the evidence and was within the permissible bounds of rhetorical comment (see, People v Overlee, 236 AD2d 133 , lv denied 91 NY2d 976 ; People v D’Alessandro, 184 AD2d 114 , 118-119, lv denied 81 NY2d 884 ).
We perceive no abuse of discretion in sentencing. Concur— Sullivan, P. J., Nardelli, Williams, Mazzarelli and Saxe, JJ.
Cases cited
- People v. Overlee 236 AD2d 133 p. 292
- People v. D'Alessandro 184 AD2d 114 at 118-119 p. 292