People v. Berrios

Judgment, Supreme Court, Bronx County (Phylis Skloot Bamberger, J.), rendered April 7,1993, 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 41/2 to 9 years, unanimously affirmed.

When defendant suggested, on cross-examination, that his possession of prerecorded buy money, consisting of a $20 bill, could be explained by the theory that he received the bill as "change” from the purported actual seller, this opened the door to evidence, with proper limiting instructions, that…