Opinion
November 28, 2000.
Judgment, Supreme Court, New York County (John Stackhouse, J.), rendered March 10, 1999, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 7 1/2 to 15 years, unanimously modified, as a matter of discretion in the interest of justice, to reduce the sentence to a term of 5 to 10 years, and otherwise affirmed.
Mindy J. Levinson, for respondent.
Judy C. Seiff, for defendant-appellant.
Before: Rosenberger, J.P., Nardelli, Ellerin, Lerner, Andrias, JJ.
Evidence concerning an uncharged contemporaneous sale was properly admitted since it completed the narrative of events, was relevant to the contested issue of identity, and was not unduly prejudicial (People v. Pressley, 216 A.D.2d 202, lv denied 86 N.Y.2d 800). However, we find the sentence imposed excessive to the extent indicated.
We have considered and rejected defendant's remaining claims.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.