PEOPLE v. FRIERSON (1999)

Judgment, Supreme Court, Bronx County (Lawrence Bernstein, J.), rendered June 11, 1997, convicting defendant, after a jury trial, of one count of criminal sale of a controlled substance in or near school grounds and one count of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 41/212 to 9 years, unanimously affirmed.

Limited expert testimony, by an officer who was also a fact witness, concerning methods used by drug dealers to avoid being found in possession of drugs and buy money was properly admitted to explain the non-recovery of the buy money (see, People v. Hunt, 249 A.D.2d 246, 673 N.Y.S.2d 69, lv. denied 92 N.Y.2d 899, 680 N.Y.S.2d 63, 702 N.E.2d 848).   Such testimony did not suggest a large-scale drug conspiracy (see, People v. McAllister, 255 A.D.2d 241, 682 N.Y.S.2d 129, lv. denied, 93 N.Y.2d 876, 689 N.Y.S.2d 438, 711 N.E.2d 652).

MEMORANDUM DECISION.