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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MALIK FLYE, ETC., Defendant-Appellant.

The court properly exercised its discretion in permitting very brief police testimony about methods used by drug dealers to avoid being caught with prerecorded buy money. Evidence that defendant had opportunities, both during and after the transaction, to employ such methods without being seen by any of the officers provided a suitable factual predicate for this testimony ( see People v. Brown, 97 N.Y.2d 500, 505-507; People v. Garcia, 309 A.D.2d 514).

Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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PEOPLE v. FLYE
(Feb 24, 2004)