Appeal from the Supreme Court, New York County (Richard Lowe, III, J.). It was not error for the trial court, especially in view of its limiting restrictions to the jury, to admit background evidence on "buy and bust" operations for the purpose of enabling the jury to understand why drugs and prerecorded buy money are not always recovered from a defendant's person (People v. Applewhite, 202 A.D.2d 250). The prosecutor's references to this testimony during summation were responsive to the defense summation emphasizing the absence of drugs and buy money on defendant at the time of his arrest, and did not shift the burden of proof (People v Atkinson, 179 A.D.2d 563, lv denied 79 N.Y.2d 943). Concur — Carro, J.P., Rosenberger, Wallach, Kupferman and Tom, JJ.
Defendant's contention that the court improperly admitted testimony by police officers describing the roles played by street level drug dealers is without merit since the officers had sufficient experience with the street narcotics trade to provide brief background information for the jury's understanding of the roles generally played in that trade (People v Gonzalez, 180 A.D.2d 553, lv denied 79 N.Y.2d 1001). Moreover, this evidence did not impermissibly bolster the officers' testimony because it served to explain why no drugs were recovered from defendant (People v Atkinson, 179 A.D.2d 563, lv denied 79 N.Y.2d 943). We have considered defendant's remaining contentions and find them to be both unpreserved and without merit.
Article 7802(a) explicitly enumerates who may be made parties to an Article 78 proceeding. A voluntary, unincorporated association is not a body or officer against whom an Article 78 proceeding can be maintained ( Ivey v. Coughlin, 111 AD2d 648, 490 NYS2d 210 [1st Dept 1985] [Article 78 petition seeking reinstatement as a correction officer as against Council 82, AFSCME, AFL-CIO dismissed]; Matter of Fraser v. Patrolmen's Benevolent Assn. of City of NY, 179 AD2d 563, 578 NYS2d 574 [1st Dept 1992] [mandamus does not lie against a private association]). The Verified Petition states that the Trust is an unincorporated entity which exists pursuant to a private contractual agreement.