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PEOPLE v. MADISON

247 A.D.2d 233 (1998)

668 N.Y.S.2d 353

The People of the State of New York, Respondent, v. Malcolm Madison, Appellant

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

February 5, 1998

The observing officer's testimony concerning defendant's actions immediately preceding the charged sale did not constitute evidence of uncharged crimes. Even assuming the testimony suggested the existence of contemporaneous uncharged sales, such evidence would have been admissible on the charge of possession with intent to sell, as well as the sale charge (People v Pressley, 216 A.D.2d 202, lv denied 86 N.Y.2d 800).

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