PEOPLE v. GARCIA

Evidence at trial was that defendant refused to sell cocaine to an undercover officer because he believed him to be a police officer, but thereafter gave his codefendant a tin of cocaine to sell to another undercover officer, and that at the time of his arrest defendant was in possession of six tinfoils of cocaine. Evidence of the unsuccessful sale was properly admitted since its probative value on the issue of defendant's possession with intent to sell outweighed any potential for undue prejudice (see, People v Bradley, 193 A.D.2d 385, 386, lv denied 81 N.Y.2d 1070). We have reviewed defendant's other arguments and find them to be without merit.

Concur — Ellerin, J.P., Wallach, Kupferman and Rubin, JJ.