Opinion
October 5, 2000.
Judgment, Supreme Court, New York County (John Bradley, J.), rendered October 19, 1998, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree (two counts) and of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 5 to 10 years, unanimously affirmed.
Alan Keith Haynes, for respondent.
Lyssa Sampson, for defendant-appellant.
Before: Mazzarelli, J.P., Ellerin, Wallach, Rubin, Saxe, JJ.
Evidence of seven contemporaneous uncharged sales completed the narrative of the two charged observation sales, went to the issues of identity and acting-in-concert, and explained why the police focused on defendant, as well as being highly relevant to the element of intent to sell under the possession charge (see, People v. Carter, 77 N.Y.2d 95, 107, cert denied 499 U.S. 967; People v. Young, 262 A.D.2d 8; People v. Richardson, 260 A.D.2d 292, lv denied 93 N.Y.2d 977). The uncharged sales were clearly more probative than prejudicial (see, People v. Pressley, 216 A.D.2d 202, lv denied 86 N.Y.2d 800). Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.