People v. Weaver

Appeal from a judgment of the Orleans County Court (James E Punch, J.), rendered April 12, 2012. The judgment convicted defendant, upon a jury verdict, of criminal possession of a controlled substance in the fifth degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06 [1]). Defendant’s contention that he was deprived of a fair trial based on prosecutorial misconduct on summation is not…