PEOPLE v. JONES (1997)

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

The PEOPLE of the State of New York, Respondent, v. George JONES, a/k/a Charles Figueroa Dones, a/k/a Charles A. Figueroa Jones, a/k/a George A. Figueroa, Defendant-Appellant.

Decided: April 22, 1997

Before ELLERIN, J.P., and RUBIN, WILLIAMS and TOM, JJ.

Miriam Shire, for Respondent. Robert N. Kravitz, for Defendant-Appellant.

Judgment, Supreme Court, New York County (Marcy Kahn, J.), rendered May 6, 1994, convicting defendant, after a jury trial, of criminal possession 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 trial court properly modified its original Sandoval ruling. Defendant's direct testimony at trial that he was “just” a drug user was misleading under the circumstances, and conveyed the impression that he was not a seller, thereby opening the door to inquiry into his prior conviction for an attempted sale (see, People v. Santiago, 169 A.D.2d 557, 564 N.Y.S.2d 412, lv. denied 77 N.Y.2d 1000, 571 N.Y.S.2d 926, 575 N.E.2d 412). We have considered defendant's remaining arguments and find them to be without merit.

MEMORANDUM DECISION.

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