People v. Carrero

Judgment Supreme Court, New York County (Jay Gold, J.), rendered August 18, 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.

Since the evidence showed that defendant personally exchanged drugs for money, the belatedly-disclosed fact that defendant handed the buy money to an unapprehended accomplice was merely evidentiary and had no effect on the "theory” of prosecution (People v Duncan, 46 NY2d 74, 79-80, cert denied 442 US 910),…