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PEOPLE v. ALERS

182 A.D.2d 822 (1992)

The People of the State of New York, Respondent, v. Emerito Alers, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 27, 1992

Ordered that the judgment is affirmed.

The defendant asserts that the trial court erred when it admitted evidence of his prior marihuana sale. However, the court correctly ruled that evidence of a prior drug sale is admissible to rebut an agency defense (see, People v Smith, 103 A.D.2d 859; see also, People v Mascoli, 166 A.D.2d 612

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