Opinion
April 21, 1992
Appeal from the Supreme Court, New York County (James Leff, J.).
The court's denial of an in limine request by the defense to prohibit the arresting officer from testifying as to the defendant's possession of prerecorded "buy money" from another uncharged sale and the subsequent brief testimony thereto, did not in these circumstances constitute reversible error. Defendant was charged with both the sale of and possession with the intent to sell illegal drugs. This proof was therefore relevant to the intent issue on the possession charge, of which defendant was acquitted (People v Alvino, 71 N.Y.2d 233, 242, 248).
Concur — Carro, J.P., Rosenberger, Kupferman, Kassal and Smith, JJ.