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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE JONES, Also Known as CHARLES FIGUEROA DONES, Also Known as CHARLES A. FIGUEROA JONES, Also Known as GEORGE A. FIGUEROA, Appellant.

Judgment, Supreme Court, New York County (Marcy Kahn, J.), rendered May 6, 1994, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed. The trial court properly modified its original Sandoval ruling. Defendant's direct testimony at trial that he was "just" a drug user was misleading under the circumstances, and conveyed the impression that he was not a seller, thereby opening the door to inquiry into his prior conviction for an attempted sale ( see, People v Santiago, 169 A.D.2d 557, lv denied 77 N.Y.2d 1000). We have considered defendant's remaining arguments and find them to be without merit.

Concur — Ellerin, J.P., Rubin, Williams and Tom, JJ.

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PEOPLE v. JONES
(Apr 22, 1997)