Appellate Division of the Supreme Court of New York, 1997

People v. Morcillio

People v. Morcillio
Appellate Division of the Supreme Court of New York · Decided March 27, 1997
237 A.D.2d 228; 655 N.Y.S.2d 27; 1997 N.Y. App. Div. LEXIS 2924
People v. Morcillio

Opinion of the Court

Judgment, *229Supreme Court, New York County (Antonio Brandveen, J.), rendered October 26, 1994, 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 4x/2 to 9 years, unanimously affirmed.

Evidence tending to demonstrate that defendant engaged in contemporaneous uncharged drug sales was properly admitted (see, People v Pressley, 216 AD2d 202, lv denied 86 NY2d 800) to complete the narrative, to dispel jury suspicion concerning police testimony describing a lengthy surveillance of defendant, and to rebut defendant’s contention that he was selling legitimate merchandise rather than drugs. We have considered defendant’s remaining contentions and find them to be without merit. Concur—Sullivan, J. P., Rosenberger, Rubin and Andrias, JJ.

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