People v. Garcia

276 A.D.2d 270, 713 N.Y.S.2d 865, 2000 N.Y. App. Div. LEXIS 10049

Opinion

Judgment, Supreme Court, New York County (John Bradley, J.), rendered October 19, 1998, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree (two counts) and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 5 to 10 years, unanimously affirmed.

Evidence of seven contemporaneous uncharged sales completed the narrative of the two charged observation sales, went to the issues of identity and acting-in-concert, and explained why the police focused on defendant, as well as being highly relevant to the element of intent to sell under the possession charge (see, People v Carter, 77 NY2d 95, 107, cert denied 499 US 967; People v Young, 262 AD2d 8; People v Richardson, 260 AD2d 292, lv denied 93 NY2d 977). The uncharged sales were clearly more probative than prejudicial (see, People v Pressley, 216 AD2d 202, lv denied 86 NY2d 800). Defendant’s remaining contentions are unpreserved and we decline to review them in the interest of justice. Concur — Mazzarelli, J. P., Ellerin, Wallach, Rubin and Saxe, JJ.