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The People of the State of New York, Respondent, v. Thayer Chapman, Appellant

New York Supreme Court, Appellate Division2003-04-29
304 A.D.2d 497757 N.Y.S.2d 738

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Opinion

majority opinion

Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered November 27, 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 71/2 to 15 years, unanimously affirmed.

Defendant’s challenges to the People’s summation are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find that the challenged remarks did not deprive defendant of a fair trial (see People v Overlee, 236 AD2d 133 [1997], lv denied 91 NY2d 976 [1998]; People v D’Alessandro, 184 AD2d 114, 118-119 [1992], lv denied 81 NY2d 884 [1993]).

We perceive no basis for reducing the sentence. Concur— Nardelli, J.P., Andrias, Sullivan, Rosenberger and Wallach, JJ.