Opinion
June 22, 1990
Appeal from the Supreme Court, Erie County, Kubiniec, J.
Present — Callahan, J.P., Doerr, Boomer, Green and Balio, JJ.
Judgment unanimously affirmed. Memorandum: None of defendant's claims on appeal from convictions of third degree possession and sale of a controlled substance requires reversal. The trial court properly allowed the undercover police officer who purchased cocaine from defendant to testify that defendant told him that he could return to buy more because the evidence was part of the criminal res gestae and was probative of defendant's motive and intent (see, People v. Molineux, 168 N.Y. 264; People v. Polk, 84 A.D.2d 943, 945). At trial the People established a proper chain of custody (see, People v. Julian, 41 N.Y.2d 340; People v. Wilson, 150 A.D.2d 628; People v. Hart, 113 A.D.2d 966) and provided reasonable assurance of the identity and unchanged condition of the narcotics (see, People v. McGee, 49 N.Y.2d 48, 60). The trial court did not abuse its discretion in refusing to disclose the identity and background of the informant because defendant did not establish the need for such information (see, People v. Pena, 37 N.Y.2d 642, 649; People v. Amarante, 120 A.D.2d 538). Defendant's claims of prosecutorial misconduct in voir dire and summation lack merit.