Opinion
December 14, 2000.
Judgment, Supreme Court, New York County (Rena Uviller, J.), rendered March 24, 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 4 1/2 to 9 years, unanimously affirmed.
Vincent Rivellese, for respondent.
Lisa Lewis, for defendant-appellant.
Before: Sullivan, P.J., Rosenberger, Williams, Ellerin, Andrias, JJ.
Brief and limited testimony from the arresting officer concerning the roles of participants in street-level drug sales was warranted by the evidence, was relevant to issues presented in the case and was not unduly prejudicial (see, People v. Johnson, 264 A.D.2d 632,lv denied 94 N.Y.2d 864; People v. McAllister, 255 A.D.2d 241, lv denied 93 N.Y.2d 876).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.