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This section contains the nature of the case and procedural background.

Plainclothes police officers bought a total of four bags of 'crack' at $20 a bag in plain daylight from D. The police waited six months and then with court authorization placed a wiretap on D's telephone line. The tap intercepted a conversation between Dt and an unidentified woman in which D bragged about being a drug dealer. In the recorded conversation, D did not admit to making the sales which had occurred six months earlier but admitted committing other drug crimes. D was arrested and charged. At trial, the prosecution sought to introduce the recorded conversation. D objected. The court allowed the evidence but only on the issue of identity and intent and not on the propensity to commit drug-related crimes. D was convicted and appealed.

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