PEOPLE v. McMILLIAN (1997)

Judgment, Supreme Court, Bronx County (John Stackhouse, J.), rendered July 20, 1992, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fifth degree, and sentencing her, as a second felony offender, to concurrent terms of 5 to 10 years, 4 1/2 to 9 years and 2 to 4 years, respectively, unanimously affirmed.

 The trial court properly allowed the undercover officer's limited background testimony concerning the various roles generally played by the participants in drug sales (see, People v. Garcia, 196 A.D.2d 433, 601 N.Y.S.2d 482, affd 83 N.Y.2d 817, 611 N.Y.S.2d 490, 633 N.E.2d 1094;  People v. Kelsey, 194 A.D.2d 248, 606 N.Y.S.2d 621), in order to explain defendant's conduct and the absence of cash on her person (see, People v. Applewhite, 202 A.D.2d 250, 251, 608 N.Y.S.2d 634, lv denied 83 N.Y.2d 868, 613 N.Y.S.2d 129, 635 N.E.2d 298).

 Defendant's home address, although incriminating, qualified for the pedigree exception to Miranda requirements, since it was elicited through administrative questioning (People v. Rodney, 85 N.Y.2d 289, 624 N.Y.S.2d 95, 648 N.E.2d 471).

MEMORANDUM DECISION.