People v. Howton

Judgment unanimously affirmed. Memorandum: None of defendant’s claims on appeal from convictions of third degree possession and sale of a controlled substance requires reversal. The trial court properly allowed the undercover police officer who purchased cocaine from defendant to testify that defendant told him that he could return to buy more because the evidence was part of the criminal res gestae and was probative of defendant’s motive and intent (see, People v Molineux, 168 NY 264; People v Polk, 84 AD2d 943, 945). At trial the People established a proper chain of custody (see, People v…