People v. Dais

Judgment, Supreme Court, New York County (Joan C. Sudolnik, J.), rendered June 6, 2005, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 7 to 14 years, unanimously affirmed.

The court properly denied defendant’s mistrial motion, made on the basis of the People’s summation. The challenged comments in which the prosecutor characterized defendant’s defense were responsive to defendant’s summation, which suggested that the undercover officer’s testimony was fabricated (see People…