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PEOPLE v. GABRIEL
Appellate Division of the Supreme Court of New York, Second Department.
Dec 8, 1986
Ordered that the judgment is affirmed.
The trial court did not err in allowing the defendant to be cross-examined with respect to his involvement in prior uncharged drug transactions. Since the defendant offered an agency defense, he raised an issue as to his intent to engage in the sale of drugs. The People were thus entitled to rebut the assertion of that defense (see, People v. Calvano, 30 N.Y.2d 199, 203, 205; People v. Rosario, 122 A.D.2d 85; People v. Bristow, 106 A.D.2d 510). Mangano, J.P., Weinstein, Lawrence and Kooper, JJ., concur.
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