PEOPLE v. RIVERA


260 A.D.2d 323 (1999)

689 N.Y.S.2d 74

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EFRAIN RIVERA, Also Known as EDWIN REYES, Appellant.

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

Decided April 29, 1999.


The court properly ruled that defendant's proposed agency defense would open the door to elicitation of the nature and underlying facts of his three prior convictions arising out of drug sales. We note that the court never made a final ruling on this issue, but only indicated how it might rule were defendant to give the proposed testimony, and it specifically deferred making a decision until defendant testified, an event which never occurred. In any event, the court properly...

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