People v. Garcia

Judgment, Supreme Court, New York County (Michael Obus, J.), rendered May 25, 2001, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 6 to 12 years, unanimously affirmed.

At the instant retrial, at which defendant did not testify, the court properly permitted the People to introduce a portion of defendant’s testimony at his first trial, and to argue that this testimony was false and that it evinced defendant’s consciousness of guilt. This testimony was probative (see People v…