PEOPLE v. RIVERA (1998)

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

The PEOPLE of the State of New York, Respondent, v. Angel RIVERA, Defendant-Appellant.

Decided: June 16, 1998

Before MILONAS, J.P., and TOM, ANDRIAS and SAXE, JJ.

Elliot Felig, for Respondent. Michelle Parisien, for Defendant-Appellant.

Judgment, Supreme Court, New York County (George Daniels, J.), rendered April 25, 1996, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.

The court properly modified its original Sandoval ruling. Defendant's statement, “I don't sell drugs”, made on his direct examination, was misleading under the circumstances, and conveyed the impression that he had never sold drugs, thereby opening the door to impeachment by means of inquiry into his previously precluded conviction for criminal sale of a controlled substance (see, People v. Fardan, 82 N.Y.2d 638, 607 N.Y.S.2d 220, 628 N.E.2d 41; People v. Jones, 238 A.D.2d 251, 656 N.Y.S.2d 611, lv. denied 90 N.Y.2d 894, 662 N.Y.S.2d 437, 685 N.E.2d 218).

We perceive no abuse of sentencing discretion.

MEMORANDUM DECISION.

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