Judgment, Supreme Court, Bronx County (Bertram Katz, J.), rendered August 8, 1986, convicting defendant, after a jury trial,
of three counts of criminal sale of a controlled substance in the third degree, and sentencing him to five concurrent terms
of imprisonment of 5 to 15 years, unanimously affirmed. The case is remitted to Supreme Court, to direct surrender (CPL 460.50). We find, after a review of the record, that the court's conduct with respect to defendant's cross-examination and summation
did not impair defendant's ability to forcefully present and develop his defense. Not only are many of the questions and comments
now objected to unpreserved for appellate review (People v. George, 67 N.Y.2d 817), but counsel can hardly complain of the
volume of sustained objections when a good portion resulted from counsel's persistence in repeating the same questions already
objected-to and sustained. Nor did the court's instruction not to testify while questioning the witnesses and to give a "proper"
summation constitue disparagement of counsel (see People v. De Jesus, 42 N.Y.2d 519). In any event, any error in restricting
counsel's language in summation was clearly harmless in light of the overwhelming evidence of guilt. The trial court properly
denied defendant's request for the identity of the confidential informant, as defendant failed to sustain his burden of showing
the necessity for such disclosure when he made his application (People v. Pena, 37 N.Y.2d 642). Finally, we have considered
defendant's claim that his sentence is excessive and find it to be without merit.
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