Opinion
April 21, 1998
Appeal from the Supreme Court, New York County (Howard Bell, J.).
The trial court properly modified its original Sandoval ruling since defendant's direct testimony at trial implied that he was a drug user who supported his drug habit only by legitimate means. This was misleading under the circumstances and conveyed the impression to the jury that he had never sold drugs in the past, thereby opening the door to the modified ruling ( see, People v. Jones, 238 A.D.2d 251, lv denied 90 N.Y.2d 894; People v. Santiago, 169 A.D.2d 557, lv denied 77 N.Y.2d 1000). We have considered defendant's remaining contentions and find them to be without merit.
Concur — Sullivan, J.P., Rosenberger, Nardelli, Rubin and Williams, JJ.