People v. Flores

26 A.D.3d 196, 811 N.Y.S.2d 13

Opinion

Judgment, Supreme Court, Bronx County (Edward M. Davidowitz, J.), rendered October 29, 1999, as amended March 16, 2004, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 7 to 14 years, unanimously affirmed.

The court properly exercised its discretion in admitting evidence of a contemporaneous uncharged drug sale. In addition to being relevant to defendant’s intent to sell (see e.g. People v Mendoza, 245 AD2d 177 [1997], lv denied 91 NY2d 975 [1998]), this evidence provided a complete narrative of the events leading to defendant’s arrest, and its probative value outweighed any prejudicial effect (see e.g. People v Pressley, 216 AD2d 202 [1995], lv denied 86 NY2d 800 [1995]). Contrary to defendant’s contention, the People “were not bound to stop after presenting minimum evidence” (People v Alvino, 71 NY2d 233, 245 [1987]). Concur—Mazzarelli, J.P., Saxe, Sullivan, Nardelli and Williams, JJ.