Opinion
June 13, 2000.
Judgment, Supreme Court, New York County (Ronald Zweibel, J.), rendered November 24, 1997, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 5 to 10 years, unanimously affirmed.
Carol A. Remer-Smith, for respondent.
Joel Atlas Francis Bigelow, for defendant-appellant.
Before: Tom, J.P., Mazzarelli, Lerner, Buckley, JJ.
The principal theory of defense raised by defendant at trial was that the officers had framed him because their arrest of him in the prior year had failed to result in prosecution. This defense opened the door to the various challenged portions of the People's cross-examination of defendant, rebuttal case and summation concerning details of the prior arrest (see People v. Overlee, 236 A.D.2d 134, lv denied 91 N.Y.2d 976). We have considered and rejected defendant's remaining claims.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.