Opinion
April 27, 1992
Appeal from the Supreme Court, Queens County (Finnegan, J.).
Ordered that the judgment is affirmed.
The pertinent facts on appeal have been recounted in the decision and order determining the appeal by the codefendant (see, People v Jones, 182 A.D.2d 831 [decided herewith]).
We agree with the defendant's contention that the trial court erred in permitting the prosecution to elicit testimony that a "large sum of money" was found upon him at the time of his arrest, since the defendant was charged with a single sale of narcotics, not with conducting a narcotics business (see, People v Valderama, 161 A.D.2d 820; People v Jones, 62 A.D.2d 356). The prejudicial effect of the admission of the challenged testimony, which seemed to suggest that the defendant had engaged in other, uncharged narcotics sales, clearly outweighed whatever probative value it may have had. Nevertheless, we find that the admission of this testimony did not warrant a mistrial as requested by the defendant (see, e.g., People v Martin, 154 A.D.2d 554) and does not warrant reversal. We note that the trial court sustained the defense counsel's objections and gave prompt curative instructions which were sufficient to dispel the prejudicial effect of the error (see, People v Capers, 170 A.D.2d 522; People v Rodriguez-Alvarez, 156 A.D.2d 733). Moreover, under the circumstances of this case, the error was clearly harmless in view of the overwhelming evidence of the defendant's guilt (see, People v Crimmins, 36 N.Y.2d 230, 237).
The defendant's challenges to various remarks made during the prosecutor's summation are largely unpreserved for appellate review (see, CPL 470.05). Those comments which were preserved for appellate review were permissible as fair responses to the defense counsels' summations (see, People v Ortiz, 167 A.D.2d 359), and/or constituted fair comment on the evidence (see, People v Rivera, 158 A.D.2d 723).
The defendant's contention that the sentence imposed is unduly harsh is without merit (see, People v Suitte, 90 A.D.2d 80). Harwood, J.P., Balletta, Rosenblatt and Santucci, JJ., concur.