People v. Smith

Judgment, Supreme Court, New York County (Brenda Soloff, J., on summary denial of Dunaway motion; William Leibovitz, J., at jury trial and sentence), rendered April 5, 2000, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 6 to 12 years, unanimously affirmed.

Viewed in context, the prosecutor’s summation comment to the effect that the defense had not provided any motive for the undercover officer to falsely incriminate defendant was proper. Defendant’s summation included, inter alia, attacks on…