People v. Jones

244 A.D.2d 233, 664 N.Y.S.2d 916, 1997 N.Y. App. Div. LEXIS 11512

Opinion

—Judgment, Supreme Court, New York County (Herbert Altman, J.), rendered January 16, 1996, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4V2 to 9 years, unanimously affirmed.

Under the circumstances, the probative value of the evidence of uncharged contemporaneous narcotics sales substantially outweighed the risk of prejudice to defendant (People v Alvino, 71 NY2d 233; see also, People v Pressley, 216 AD2d 202, lv denied 86 NY2d 800). Concur—Sullivan, J. P., Rosenberger, Wallach, Nardelli and Colabella, JJ.