The verdict was not against the weight of the evidence. The issues raised by defendant concerning purported inconsistencies in the officers' testimony were properly placed before the jury and we find no reason to disturb its findings ( see, People v Gaimari, 176 NY 84).
Defendant's challenges to the People's summation are not preserved for appellate review ( see, People v Balls, 69 NY2d 641), and we decline to review them in the interest of justice. Were we to review them, we would find the challenged statements fair and responsive to defense counsel's summation ( see, People v Galloway, 54 NY2d 396).
Since both the conviction on the third-degree criminal sale count and the conviction on the third-degree criminal possession count were based on the same five vials purchased by the undercover officer, the latter should be dismissed in the interest of justice as a non-inclusory concurrent count ( see, People v Gaul, 63 AD2d 563, lv denied 45 NY2d 780).
We find the sentence on the remaining conviction excessive to the extent indicated.