People v. Nieves

—Judgment, Supreme Court, New York County (Patricia Williams, J.), rendered January 27, 1997, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 5V2 to 11 years, unanimously affirmed.

In light of defendant’s defense that he was merely a drug purchaser who refused to sell his drugs to the undercover officers, defendant’s testimony as to his background and prior record, though literally true,…