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People v. Gabriel

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 1986
125 A.D.2d 406 (N.Y. App. Div. 1986)

Opinion

December 8, 1986

Appeal from the Supreme Court, Suffolk County (McInerney, J.).


Ordered that the judgment is affirmed.

The trial court did not err in allowing the defendant to be cross-examined with respect to his involvement in prior uncharged drug transactions. Since the defendant offered an agency defense, he raised an issue as to his intent to engage in the sale of drugs. The People were thus entitled to rebut the assertion of that defense (see, People v. Calvano, 30 N.Y.2d 199, 203, 205; People v. Rosario, 122 A.D.2d 85; People v. Bristow, 106 A.D.2d 510). Mangano, J.P., Weinstein, Lawrence and Kooper, JJ., concur.


Summaries of

People v. Gabriel

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 1986
125 A.D.2d 406 (N.Y. App. Div. 1986)
Case details for

People v. Gabriel

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROY GABRIEL, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 8, 1986

Citations

125 A.D.2d 406 (N.Y. App. Div. 1986)

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