Opinion
2001-09462
Argued February 24, 2003.
March 17, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ruchelsman, J.), rendered October 15, 2001, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Denise A. Corsi of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Sholom Twersky of counsel), for respondent.
Before: SONDRA MILLER, J.P., GLORIA GOLDSTEIN, THOMAS A. ADAMS, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The Supreme Court properly declined to charge the jury on the defense of entrapment, as no reasonable view of the evidence supported such a defense (see Penal Law § 40.05; People v. Brown, 82 N.Y.2d 869; People v. James, 244 A.D.2d 939; People v. Pilgrim, 154 A.D.2d 407, 409). Moreover, the Supreme Court providently exercised its discretion in ordering that the defendant be removed from the courtroom (see CPL 260.20; People v. Byrnes, 33 N.Y.2d 343; People v. Sherrod, 270 A.D.2d 366). The removal came after the Supreme Court's numerous admonitions were ignored and the defendant's outbursts continued.
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions either are unpreserved for appellate review (see CPL 470.05), without merit, or do not require reversal.
S. MILLER, J.P., GOLDSTEIN, ADAMS and RIVERA, JJ., concur.