PEOPLE v. BRATHWAITE


238 A.D.2d 125 (1997)

655 N.Y.S.2d 766

The People of the State of New York, Respondent, v. Enrique Brathwaite, Appellant

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

April 1, 1997


Defendant opened the door to the introduction of the details of an uncharged drug sale, which was also admissible to rebut defendant's agency and entrapment defenses and his related contentions (People v Melendez, 55 N.Y.2d 445, 451-452; People v Calvano, 30 N.Y.2d 199).

Defendant's presence was not required for the challenged sidebar conference, because it only concerned the legal...

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