The People of the State of New York, Respondent, v. Jermaine Pinkstone, Appellant

The People of the State of New York, Respondent, v Jermaine Pinkstone, Appellant. [725 NYS2d 547] [MAJORITY] —Judgment, Supreme Court, New York County (Renee White, J.), rendered February 1, 2000, 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 4V2 to 9 years, unanimously affirmed. The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The totality of the evidence warranted the inference that defendant was a participant in the drug sale (see, People v Bello, 92 NY2d 523). Defendant’s motion for a mistrial based on the prosecutor’s summation was properly denied since objections to the chailenged comments were sustained and the comments were in part responsive to the defense summation. In any event, they do not warrant reversal (see, People v Overlee, 236 AD2d 133, lv denied 91 NY2d 976). Concur — Sullivan, P. J., Rosenberger, Ellerin, Wallach and Marlow, JJ.