PEOPLE v. HERNANDEZ


27 A.D.3d 229 (2006)

810 N.Y.S.2d 185

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN HERNANDEZ, Appellant.

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

March 7, 2006.


The court properly exercised its discretion in receiving testimony that an officer saw defendant make an apparent uncharged drug sale, as the result of which the police immediately approached defendant, who dropped a bag containing 160 drug packets. The contemporaneous uncharged sale was admissible to establish the element of intent to sell under Penal Law § 220.16 (1), and the People were not required to "rest on the inference available, from defendant's possession...

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