People v. Matea

13 A.D.3d 161, 785 N.Y.S.2d 697, 2004 N.Y. App. Div. LEXIS 15052

Opinion

Judgment, Supreme Court, New York County (Joan C. Sudolnik, J.), rendered May 30, 2002, 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.

The court properly modified its original Sandoval ruling by permitting a very limited, nonprejudicial inquiry about narcotics possession after determining that defendant opened the door to such a modification (see People v Fardan, 82 NY2d 638 [1993]; People v Santiago, 169 AD2d 557, 558 [1991], lv denied 77 NY2d 1000 [1991]). A statement in defendant’s direct testimony created a misleading impression about his criminal history, and did not simply address the instant charges. Concur—Nardelli, J.P., Tom, Saxe, Friedman and Sweeny, JJ.