People v. Gardner

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ruchelsman, J.), rendered November 30, 1999, convicting him of criminal sale of a controlled substance in or near school grounds, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s challenge to the admission of testimony that an undercover officer observed him in the vicinity of the area where he was arrested, one week before he was arrested, is without merit (see, People v Alvino, 71 NY2d 233; People v Cain, 193 AD2d 810). This evidence was relevant on the issue of the…