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PEOPLE v. GARCIA

309 A.D.2d 514 (2003)

764 N.Y.S.2d 696

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAVIER GARCIA, Appellant.

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

Decided October 2, 2003.

The court properly exercised its discretion in admitting background testimony about street-level drug operations in order to explain the fact that no drugs or prerecorded buy money were recovered from defendant or the codefendant (see People v Brown, 97 N.Y.2d 500, 505-507 [2002]). Evidence that the two defendants entered and left a store between the drug transaction and the arrest was a sufficient factual predicate for the officer...

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