Opinion
June 16, 1998
Appeal from the Supreme Court, New York County (George Daniels, J.).
The court properly modified its original Sandoval ruling. Defendant's statement, "I don't sell drugs", made on his direct examination, was misleading under the circumstances, and conveyed the impression that he had never sold drugs, thereby opening the door to impeachment by means of inquiry into his previously precluded conviction for criminal sale of a controlled substance ( see, People v. Fardan, 82 N.Y.2d 638; People v. Jones, 238 A.D.2d 251, lv denied 90 N.Y.2d 894).
We perceive no abuse of sentencing discretion.
Concur — Milonas, J. P., Tom, Andrias and Saxe, JJ.