Opinion
480
April 16, 2002.
Judgment, Supreme Court, New York County (John Stackhouse, J.), rendered December 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 4½ to 9 years, unanimously affirmed.
Matthew J. Galluzzo, for respondent.
Annamathesa N. Beason, for defendant-appellant.
Before: Williams, P.J., Nardelli, Andrias, Sullivan, Friedman, JJ.
Defendant's testimony regarding the drug-free nature of his building opened the door to a modification of the court's Sandoval ruling. Even were we to find it to have been error to permit the People's expanded cross-examination of defendant concerning his prior record, we would find the error to be harmless in view of the overwhelming evidence of defendant's guilt (see, People v. Crimmins, 36 N.Y.2d 230).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.