PEOPLE v. RODRIGUEZ (1999)

Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered September 12, 1996, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and convicting him, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 7 1/212 to 15 years, unanimously affirmed.

Defendant was not deprived of a fair trial by the challenged portions of the People's summation.   The prosecutor's summation was fair as a whole (see, People v. D'Alessandro, 184 A.D.2d 114, 119, 591 N.Y.S.2d 1001, lv. denied 81 N.Y.2d 884, 597 N.Y.S.2d 945, 613 N.E.2d 977), and the challenged remarks consisted, for the most part, of proper responses to the defense summation (see, People v. Torres, 220 A.D.2d 269, 632 N.Y.S.2d 115, lv. denied 87 N.Y.2d 925, 641 N.Y.S.2d 607, 664 N.E.2d 518).

Defendant's challenge to the court's supplemental charge is unpreserved and we decline to review it in the interest of justice.   Were we to review this claim, we would reject it.

We perceive no abuse of sentencing discretion.

MEMORANDUM DECISION.