Opinion
May 20, 1991
Appeal from the Supreme Court, Queens County (Gallagher, J.).
Ordered that the judgments are affirmed.
On June 20, 1988, the defendant was arrested after selling crack-cocaine to an undercover police officer during a "buy and bust" operation outside of a house on Union Hall Street in Queens County. Two weeks later, on July 5, 1988, the defendant was again arrested after selling crack-cocaine to the same undercover officer during another "buy and bust" operation at the same location.
We disagree with the defendant's contention that he was denied a fair trial due to statements made by the prosecutor during summation. Initially, we note that the defendant's challenge to only one of the allegedly improper statements was preserved for appellate review (see, CPL 470.05). In any event, the challenged remarks of the prosecutor were made in fair response to those made by defense counsel during summation (see, People v Street, 124 A.D.2d 841). Thompson, J.P., Kunzeman, Sullivan and Lawrence, JJ., concur.