PEOPLE v. DeJESUS (2006)

Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered February 20, 2004, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing her, as a second felony offender, to concurrent terms of 5 to 10 years, unanimously affirmed.

 The verdict was based on legally sufficient evidence and was not against the weight of the evidence.   There is no basis for disturbing the jury's determinations concerning credibility, including its resolution of inconsistencies in testimony (see People v. Fratello, 92 N.Y.2d 565, 574-575, 684 N.Y.S.2d 149, 706 N.E.2d 1173 [1998], cert. denied 526 U.S. 1068, 119 S.Ct. 1462, 143 L.Ed.2d 548 [1999] ).   When viewed in the context of the entire transaction, evidence that defendant stood in front of the van which contained the drugs and told the buyer to “wait until the door opens” supported the conclusion that defendant was a participant in the sale and a joint possessor of the drugs (see People v. Bello, 92 N.Y.2d 523, 683 N.Y.S.2d 168, 705 N.E.2d 1209 [1998];  People v. Torres, 252 A.D.2d 364, 676 N.Y.S.2d 51 [1998], lv. denied 92 N.Y.2d 1039, 684 N.Y.S.2d 504, 707 N.E.2d 459 [1998];  People v. Gonzalez, 247 A.D.2d 332, 669 N.Y.S.2d 220 [1998], lv. denied 92 N.Y.2d 897, 680 N.Y.S.2d 61, 702 N.E.2d 846 [1998] ).

 By failing to object, or by making only a generalized objection, defendant failed to preserve her challenges to the People's summation 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. Overlee, 236 A.D.2d 133, 666 N.Y.S.2d 572 [1997], lv. denied 91 N.Y.2d 976, 672 N.Y.S.2d 855, 695 N.E.2d 724 [1998];  People v. D'Alessandro, 184 A.D.2d 114, 118-119, 591 N.Y.S.2d 1001 [1992], lv. denied 81 N.Y.2d 884, 597 N.Y.S.2d 945, 613 N.E.2d 977 [1993] ).