Appellate Division of the Supreme Court of New York, 1993

People v. Chisolm

People v. Chisolm
Appellate Division of the Supreme Court of New York · Decided November 16, 1993
198 A.D.2d 109; 603 N.Y.S.2d 467; 1993 N.Y. App. Div. LEXIS 10719
People v. Chisolm

Opinion of the Court

—Judgment, Supreme Court, Bronx County (William C. Donnino, J.), rendered October 10, 1991, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the fourth degree and criminal possession of a controlled substance in the fifth degree, and sentencing him to concurrent prison terms of 41A to 9 years and 2 to 4 years, respectively, unanimously affirmed.

Evidence of two uncharged crimes was properly admitted at defendant’s trial to establish possession with intent to sell 24 envelopes of PCP recovered near him when arrested (People v Alvino, 71 NY2d 233). The majority of the defendant’s claims challenging comments the prosecutor made during summation are unpreserved for appellate review (CPL 470.05 [2]; People v Medina, 53 NY2d 951, 953). Were we to review the entire summation, we would find that the comments objected to do not warrant reversal (People v Crimmins, 36 NY2d 230). Concur — Carro, J. P., Rosenberger, Kassal and Rubin, JJ.

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