People v. Pena-Martinez

Judgment unanimously reversed on the law and new trial granted. Memorandum: Supreme Court erred in admitting testimony concerning uncharged conduct of defendant and in refusing to conduct a Ventimiglia hearing prior to receipt of that testimony. An undercover officer testified that, on June 20, 1990, he purchased a quantity of cocaine from a person called Mimi; that defendant was present in the kitchen of Mimi’s apartment where the transaction occurred; that defendant supplied the cocaine to Mimi; and that Mimi handed defendant the cash payment for the drugs. At that time, the officer had had…