| People v Robinson |
| 2011 NY Slip Op 04103 [84 AD3d 590] |
| May 17, 2011 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Anthony Robinson, Appellant. |
—[*1] Cyrus R. Vance, Jr., District Attorney, New York (Christopher P. Marinelli of counsel), forrespondent.
Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered November 10,2004, convicting defendant, after a jury trial, of criminal sale of a controlled substance in thethird degree and criminal sale of a controlled substance in or near school grounds, and sentencinghim, as a second felony offender, to concurrent terms of 4½ to 9 years, unanimouslyaffirmed.
The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is nobasis for disturbing the jury's credibility determinations, including its evaluation ofinconsistencies in the undercover officer's testimony.
The portion of the prosecutor's summation that offered an explanation for certain policeconduct was not unduly speculative or prejudicial. Instead, the prosecutor responded to defensearguments by drawing a permissible inference from the evidence. Defendant's remainingchallenges to the prosecutor's summation are unpreserved and we decline to review them in theinterest of justice. As an alternative holding, we find no basis for reversal (see People vOverlee, 236 AD2d 133 [1997], lv denied 91 NY2d 976 [1998]; People vD'Alessandro, 184 AD2d 114, 118-119 [1992], lv denied 81 NY2d 884 [1993]).Concur—Tom, J.P., Saxe, Catterson, Moskowitz and Manzanet-Daniels, JJ.