PEOPLE v. RIVERA


198 A.D.2d 88 (1993)

605 N.Y.S.2d 838

The People of the State of New York, Respondent, v. William Rivera, Appellant

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

November 16, 1993


Defendant's contention that Criminal Term was under a duty to charge the jury that the People had to prove by clear and convincing evidence the two uncharged sales of drugs by defendant before the jury could consider the sales as evidence of defendant's intent to sell the 10 glassines of heroin in his possession has not been preserved for review and we decline to review the claim in the interest of justice. Were we to consider the claim, we would find no prejudicial error...

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