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PEOPLE v. PEGUERO

Nos. 5813, 2691/07.

88 A.D.3d 589 (2011)

931 N.Y.S.2d 496

2011 NY Slip Op 7489

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AVIAL PEGUERO, Appellant.

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

Decided October 25, 2011.

The court properly exercised its discretion when it admitted expert testimony concerning circumstances that indicate an intent to sell drugs (see People v Hicks, 2 N.Y.3d 750 [2004]). Defendant did not preserve his claim that the expert improperly opined that defendant was a drug seller, and we decline to review it in the interest of justice. As an alternative holding, we find that the testimony was within the scope permitted under...

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