PEOPLE v. BETHEA


289 A.D.2d 149 (2001)

734 N.Y.S.2d 437

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT BETHEA, Appellant.

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

Decided December 20, 2001.


The court properly refused to permit defendant to testify that he had told the police that the drugs contained in the subject glassine bags were imitations. Defendant argues that these statements were admissible, not for their truth, but as circumstantial evidence of his lack of knowledge that the envelopes contained real heroin. However, it is clear that he actually intended to use these statements to establish that he had, in...

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