People v. Mendoza

245 A.D.2d 177, 665 N.Y.S.2d 896, 1997 N.Y. App. Div. LEXIS 13141

Opinion

—Judgment, Supreme Court, New York County (John Bradley, J.), rendered July 6, 1995, 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 41/2 to 9 years, unanimously affirmed.

Evidence of uncharged narcotics transactions was properly admitted to establish intent to sell. The high probative value of the evidence outweighed the potential prejudice to defendant (see, People v Hernandez, 216 AD2d 11, 12, lv denied 86 NY2d 795), and the People were not required to rest on the inferences flowing from the charged sale (see, People v Alvino, 71 NY2d 233, 245).

We have considered defendant’s other claims and find them to be without merit. Concur—Ellerin, J. P., Wallach, Mazzarelli, Andrias and Colabella, JJ.