People v. Samuels

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of criminal sale of a controlled substance in the second degree (Penal Law § 220.41 [1]) and two counts of criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1], [12]). We reject the contention of defendant that Supreme Court erred in denying his motion for a mistrial based upon an improper comment by the prosecutor on summation. “The decision whether to grant a mistrial is within the sound discretion of the trial court and should not be…