PEOPLE v. FLORES (2006)

Judgment, Supreme Court, Bronx County (Edward M. Davidowitz, J.), rendered October 29, 1999, as amended March 16, 2004, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 7 to 14 years, unanimously affirmed.

The court properly exercised its discretion in admitting evidence of a contemporaneous uncharged drug sale.   In addition to being relevant to defendant's intent to sell (see e.g. People v. Mendoza, 245 A.D.2d 177, 665 N.Y.S.2d 896 [1997], lv. denied 91 N.Y.2d 975, 672 N.Y.S.2d 854, 695 N.E.2d 723 [1998] ), this evidence provided a complete narrative of the events leading to defendant's arrest, and its probative value outweighed any prejudicial effect (see e.g. People v. Pressley, 216 A.D.2d 202, 628 N.Y.S.2d 682 [1995], lv. denied 86 N.Y.2d 800, 632 N.Y.S.2d 514, 656 N.E.2d 613 [1995] ).   Contrary to defendant's contention, the People “were not bound to stop after presenting minimum evidence” (People v. Alvino, 71 N.Y.2d 233, 245, 525 N.Y.S.2d 7, 519 N.E.2d 808 [1987] ).