People v. Alers

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered May . 8, 1989, convicting him of criminal sale of a controlled substance in the third degree and unlawful possession of marihuaná, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant asserts that the trial court erred when it admitted evidence of his prior marihuana sale. However, the *823court correctly ruled that evidence of a prior drug sale is admissible to rebut an agency defense (see, People v Smith, 103 AD2d 859; see also, People v Mascoli, 166 AD2d…