Opinion
September 12, 1991
Appeal from the Supreme Court, New York County (Howard Bell, J.).
A police officer observed defendant hand two vials of crack to an individual holding a ten dollar bill. Upon arresting defendant, the officer also recovered eighteen vials of crack and $60 currency from defendant. The court properly admitted the $60 as evidence relevant to establish defendant's intent to sell the two vials (People v. Bell, 160 A.D.2d 477, lv denied 76 N.Y.2d 784).
For the most part, defendant's present argument that the prosecutor's summation deprived him of a fair trial is unpreserved for appellate review (CPL 470.05). Defendant's claim of prosecutorial misconduct in summation is preserved only to the extent that defense counsel lodged a single general objection to the prosecutor's characterization of the individual holding the ten dollar bill as "a criminal out in the street." However, there was no misconduct since this remark constituted fair response to defense counsel's summation (People v Trinidad, 59 N.Y.2d 820, 821) and was based on a reasonable inference from the evidence (People v. Galloway, 54 N.Y.2d 396). Carro, J.P., Wallach, Kupferman and Smith, JJ.