Opinion
November 14, 1995
Appeal from the Supreme Court, New York County (Jay Gold, J.).
Testimony that, prior to the charged sale, defendant separately directed five individuals to his codefendant, who then exchanged with each of those individuals orange glassines for currency, and later gave the money to defendant, was admissible with respect to the issues of intent and acting in concert. We note defendant raised the defense of innocent presence at the scene ( People v Maldonado, 220 A.D.2d 212, 213). The trial court also gave an appropriate limiting instruction as to such evidence.
Concur — Ellerin, J.P., Wallach, Ross, Nardelli and Tom, JJ.