Judgment unani
Defendant further contends that the court erred in allowing the prosecutor to cross-examine defendant regarding his presence in a vehicle where cocaine was found because a Grand Jury issued a “No Bill” with respect to that incident. We disagree. Because the Grand Jury’s refusal to indict is not a final determination that the acts alleged did not occur, the People were not barred from questioning defendant concerning the incident (see generally, People v Estes, 202 AD2d 516, lv denied 84 NY2d 825; People ex rel. Pickett v Ruffo, 96 AD2d 128, 130). Additionally, by raising agency and entrapment defenses, defendant opened the door to cross-examination concerning his prior drug activities (see, People v Smith, 219 AD2d 533, 534, lv denied 87 NY2d 907; see also, People v Worth, 233 AD2d 939, lv denied 89 NY2d 948). In any event, even assuming, arguendo, that the court erred in admitting that testimony, any error is harmless (see, People v Crimmins, 36 NY2d 230, 242). (Appeal from Judgment of Supreme Court, Monroe County, Mark, J. — Criminal Sale Controlled Substance, 1st Degree.)
