Opinion
July 22, 1993
Appeal from the Supreme Court, New York County (Renee White, J.).
While an undercover narcotics team had targeted another person in defendant's location, on the basis of a drug sale, defendant was observed holding a glassine bag of white powder. When defendant was arrested, tin foil packets and vials were recovered from his pocket. Although chemical evidence established that the glassine bag did not contain cocaine, the vials and tin foil packets did contain cocaine. On appeal, defendant challenges only the Sandoval ruling, and cross-examination of defendant which went beyond the ruling. By failing to object to the Sandoval ruling, defendant waived any claim challenging the ruling as a matter of law (People v. Johnson, 169 A.D.2d 553, lv denied 78 N.Y.2d 968), and we decline to review in the interest of justice. Were we to review, we would find that the fact that the Sandoval ruling permitted inquiry into the fact of prior misdemeanor convictions for the sale of marijuana, conduct which bears directly on defendant's credibility, does not warrant a conclusion that defendant was unduly prejudiced (see, People v. Lucas, 160 A.D.2d 330, lv denied 76 N.Y.2d 860; see also, People v. Cowell, 170 A.D.2d 343, lv denied 77 N.Y.2d 993). While the prosecutor did inadvertently ask a single question of defendant in violation of the Sandoval ruling, the lack of an answer to the question and the court's prompt curative instruction alleviated any prejudice. (See, 195 A.D.2d 420 [decided herewith].)
Concur — Milonas, J.P., Rosenberger, Rubin and Nardelli, JJ.