Opinion
2503.
Decided December 16, 2003.
Judgment, Supreme Court, New York County (Dorothy Cropper, J.), rendered August 28, 2001, convicting defendant, after a jury trial, of criminal sale of a controlled substance in or near school grounds and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 4½ to 9 years, unanimously affirmed.
Michael R. Bell, for Respondent.
Robert S. Dean, for Defendant-Appellant.
Before: Buckley, P.J., Nardelli, Tom, Mazzarelli, Sullivan, JJ.
Evidence that defendant engaged in uncharged apparent drug transactions after the completion of the charged crime was, at the very least, highly probative of his intent to sell the heroin found in his possession at the time of his arrest ( People v. Alvino, 71 N.Y.2d 233, 245). The People were not required to rest on the inference of intent that could be drawn from the earlier charged sale ( id.; People v. Mendoza, 245 A.D.2d 177, lv denied 91 N.Y.2d 975; People v. Abrams, 227 A.D.2d 293, lv denied 88 N.Y.2d 979). Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.