Opinion
October 5, 2000.
Judgment, Supreme Court, New York County (John Stackhouse, J.), rendered November 23, 1998, convicting defendant, after a jury trial, of two counts of attempted grand larceny in the second degree, and sentencing him to consecutive terms of 2 1/3 to 7 years, unanimously affirmed.
Frank Glaser, for respondent.
Matthew S. Hawkins, for defendant-appellant.
Before: Nardelli, J.P., Tom, Andrias, Buckley, Friedman, JJ.
The court properly exercised its discretion in receiving brief and limited expert testimony relating to gang activities. This evidence was directly responsive to issues raised by the defense (see, People v. Taylor, 75 N.Y.2d 277; People v. Chang, 160 A.D.2d 469, 470, lv denied 76 N.Y.2d 786), and any prejudice was minimal, since the testimony did not suggest that defendant participated in large-scale criminal activities (see, People v. Siu Wah Tse, 91 A.D.2d 350, 354, lv denied 59 N.Y.2d 679).
The challenged portions of the prosecutor's summation were based on the evidence or fair inferences to be drawn therefrom, and were directly responsive to the summations of defendant and his two co-defendants (see,People v. Overlee, 236 A.D.2d 134, lv denied 91 N.Y.2d 976; People v. D'Alessandro, 184 A.D.2d 114, 118-119, lv denied 81 N.Y.2d 884).
The record establishes that the sentence was based only on the crimes proven at trial. We perceive no abuse of sentencing discretion.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.