Opinion
1635
September 25, 2003.
Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered December 18, 2001, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree (two counts) and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 5 to 10 years, unanimously affirmed.
Holly Agajanian, for respondent.
Peter Theis, for defendant-appellant.
Before: Saxe, J.P., Rosenberger, Williams, Lerner, Friedman, JJ.
The court properly exercised its discretion in permitting redirect examination of a police witness that explored possible explanations of a matter raised by defendant on cross-examination (see People v. Melendez, 55 N.Y.2d 445, 451-452). The matter elicited on redirect was responsive to defendant's efforts to suggest that during the transaction at issue he was a buyer and not a seller.
The challenged portions of the People's summation do not warrant reversal (see People v. D'Alessandro, 184 A.D.2d 114, 118 — 119,lv denied 81 N.Y.2d 884). The court's curative actions during the summation were sufficient to prevent any improprieties from causing any prejudice.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.