People v Morris
2007 NY Slip Op 00549 [36 AD3d 831]
January 23, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 14, 2007


The People of the State of New York, Respondent,
v
Vivian Morris, Appellant.

[*1] Herbert Kellner, Smithtown, N.Y., for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and Jennifer Etkin of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Latella, J.), rendered November 17, 2004, convicting her of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

In light of the overwhelming evidence of the defendant's guilt, the prosecutor's comments in summation, to which objection was made and overruled, constitute harmless error and thus do not warrant reversal (see People v Crimmins, 36 NY2d 230 [1975]). Schmidt, J.P., Mastro, Santucci and Fisher, JJ., concur.