Opinion
March 14, 1995
Appeal from the Supreme Court, New York County (John A.K. Bradley, J.).
Defendant's contention that he was deprived of a fair trial by the testimony of a police officer that he observed two or three persons approach defendant and "engage in transactions", is unpreserved for appellate review as a matter of law (CPL 470.05; People v. Williams, 70 N.Y.2d 946), and we decline to review it in the interest of justice. If we were to review it, we would find that this evidence of uncharged drug sales was properly admitted to establish that defendant possessed the heroin with the intent to sell (People v. Alvino, 71 N.Y.2d 233, 245). Concerning the People's summation, the challenged comments were fair responses to defendant's arguments (People v. Galloway, 54 N.Y.2d 396, 399).
Concur — Murphy, P.J., Sullivan, Kupferman, Asch and Mazzarelli, JJ.