Opinion
February 7, 1991
Appeal from the Supreme Court, New York County (Albert Williams, J.).
The defendant was convicted following a "buy-and-bust" operation, during which he sold five vials of cocaine to an undercover officer. At summation, the prosecutor challenged the credibility of the defendant who had taken the stand referring to "tailored testimony" and defendant's "story" three times. Calling the defense a "story" falls within acceptable bounds. (People v Rivera, 158 A.D.2d 344). The use of the term "tailored testimony" under these circumstances constitutes harmless error (People v Figueroa, 161 A.D.2d 486, lv denied 76 N.Y.2d 856).
We discern no error with respect to the court's Sandoval ruling.
Concur — Rosenberger, J.P., Wallach, Asch, Kassal and Smith, JJ.