People v. Payne

Judgment, Supreme Court, New York County (Allen Alpert, J.), rendered October 5, 1994, 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 5 to 10 years, unanimously affirmed.

We reject defendant’s contention that he was unduly prejudiced by the rebuttal testimony of the undercover police officer, since that testimony "properly addressed facts that were first put in issue by the defense after the…