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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. YONIS PEREZ, Appellant.

Ordered that the judgment is affirmed.

The defendant's contention that the admission into evidence of certain uncharged crimes was unduly prejudicial is not preserved for appellate review since the defendant did not challenge the admission of this evidence on this ground (see, People v. Sheppard, 186 A.D.2d 600). In any event, this evidence was relevant to show that the defendant acted in concert with his codefendants in selling drugs (see, People v. Seward, 169 A.D.2d 790). Also, the evidence served to negate the defendant's explanation for his presence at the scene where the drugs were sold (see, People v. Wanton, 167 A.D.2d 202).

The defendant's remaining contentions are unpreserved for appellate review or without merit. Thompson, J.P., Miller, Eiber and Santucci, JJ., concur.

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PEOPLE v. PEREZ
(Jun 28, 1993)