Opinion
519
March 19, 2002.
Judgment, Supreme Court, Bronx County (Michael Gross, J.), rendered March 4, 1999, convicting defendant, after a jury trial, of criminal sale of a controlled substance in or near school grounds and criminal sale of a controlled substance in the third degree, and sentencing her to concurrent terms of 2 to 6 years and 1 to 3 years, respectively, unanimously affirmed.
ARGIRO KOSMETATOS, for respondent.
TRACY DREISPUL, for defendant-appellant.
Before: Nardelli, J.P., Buckley, Ellerin, Lerner, Rubin, JJ.
Since defendant's only objection to the prosecutor's summation was addressed to a different comment than those challenged on appeal, defendant's current challenges to the summation and his related arguments are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find that the prosecutor's references to the undercover officer's training were fair comment on evidence in the record (see, People v. Overlee, 236 A.D.2d 133,lv denied 91 N.Y.2d 976), and appropriately responsive to the defense summation.
Defendant's conviction at a single trial of both criminal sale of a controlled substance in the third degree and criminal sale of a controlled substance in or near school grounds did not violate the prohibition against double jeopardy (Missouri v. Hunter, 459 U.S. 359, 368-369; People v. Gonzalez, 279 A.D.2d 273, lv granted 96 N.Y.2d 863). We see no reason to dismiss the third-degree sale conviction in the interest of justice.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.