Opinion
March 6, 1990
Appeal from the Supreme Court, New York County, Franklin Weissberg, J., Ira Beal, J.
We find no merit to defendant's claim that the proof of the uncharged sales deprived him of a fair trial (People v Hernandez, 71 N.Y.2d 233). While the better practice would have been for the court to give limiting instructions explaining the purpose of such proof, here the unpreserved error was harmless (People v Williams, 67 A.D.2d 265, 268, affd 50 N.Y.2d 996). Also unpreserved is defendant's contention that the prosecutor's comments on summation concerning the uncharged crimes were improper; were we to reach this argument, we would find it to be of no merit.
Concur — Murphy, P.J., Carro, Milonas, Kassal and Wallach, JJ.