Opinion
December 15, 1986
Appeal from the Supreme Court, Suffolk County (McInerney, J.).
Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings pursuant to CPL 460.50 (5).
The defendant was charged with possession of cocaine. Evidence of his prior possession of cocaine, which had not resulted in a conviction, was properly admitted on the People's direct case solely to prove the element of knowledge, and the jury was so instructed during the court's charge (see, People v. Molineux, 168 N.Y. 264).
The sentence imposed was not inappropriate under the circumstances (see, People v. Suitte, 90 A.D.2d 80). We find the defendant's remaining contentions to be without merit. Mangano, J.P., Bracken, Brown and Eiber, JJ., concur.