People v. Rosado

Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered May 28, 2004, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third and fourth degrees, and sentencing him, as a second felony offender, to concurrent terms of 8 to 16 years, 8 to 16 years and 772 to 15 years, respectively, unanimously affirmed.

The court properly exercised its discretion in denying defendant’s mistrial motion based on the prosecutor’s brief, indirect summation reference to the fact that…