People v. Digirolamo
Opinion of the Court
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered October 28, 1998, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The Supreme Court providently exercised its discretion, in its Sandoval (People v Sandoval, 34 NY2d 371) ruling, in determining that if the defendant chose to testify the prosecution could ask him on cross-examination if he was convicted of criminal sale of a controlled substance in the third degree on
The defendant’s contentions that he was denied a fair trial by the prosecutor’s improper comments during summation are unpreserved for appellate review (see, CPL 470.05 [2]; People v Udzinski, 146 AD2d 245) or without merit.
The sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80). Goldstein, J. P., McGinity, H. Miller and Townes, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.