People v Brown
2006 NY Slip Op 07239 [33 AD3d 386]
October 10, 2006
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 13, 2006


The People of the State of New York, Respondent,
v
Anthony Brown, Appellant.

[*1]Judgment, Supreme Court, New York County (Lewis Bart Stone, J.), rendered January 26, 2004, convicting defendant, after a jury trial, of two counts of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 4½ to 9 years, unanimously affirmed.

Those portions of the prosecutor's summation that defendant characterizes as vouching generally constituted fair comment on the evidence made in response to defense arguments (see People v Overlee, 236 AD2d 133 [1997], lv denied 91 NY2d 976 [1998]). Defendant's remaining contentions regarding the prosecutor's summation and the court's charge are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find no basis for reversal (see People v D'Alessandro, 184 AD2d 114, 118-119 [1992], lv denied 81 NY2d 884 [1993]). Concur—Tom, J.P., Saxe, Friedman, Sullivan and McGuire, JJ.