People v. Bowen

Appellate Division of the Supreme Court of New York

People v. Bowen

203 A.D.2d 204, 611 N.Y.S.2d 9, 1994 N.Y. App. Div. LEXIS 4442

Appellate Division of the Supreme Court of the State of New York·Decided April 28, 1994·Published·Cited by 1 cases

Opinion

—Judgment, Su[205]*205preme Court, Bronx County (Arlene Silverman, J.), rendered October 29, 1991, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree, criminal sale of a controlled substance in the third degree, and criminal possession of a controlled substance in the fourth degree, and sentencing him to concurrent terms of 1% to 5 years, 1% to 5 years, and 1 to 3 years, respectively, unanimously affirmed.

The trial court did not err in admitting $25 of non-buy money as relevant to whether defendant was acting in concert with his co-defendant who was apprehended with drugs and buy money in his possession, with the intent to sell drugs (see, People v Perez, 185 AD2d 147, lv denied 80 NY2d 976, distinguishing People v Jones, 62 AD2d 356). In any event, given the small amount of money involved, any error in admitting it was harmless. Concur — Rosenberger, J. P., Ross, Rubin, Nardelli, and Tom, JJ.

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—Judgment, Su[205]*205preme Court, Bronx County (Arlene Silverman, J.), rendered October 29, 1991, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree, criminal sale of a controlled substance in the third degree, and criminal possession of a controlled substance in the fourth degree, and sentencing him to concurrent terms of 1% to 5 years, 1% to 5 years, and 1 to 3 years, respectively, unanimously affirmed.

The trial court did not err in admitting $25 of non-buy money as relevant to whether defendant was acting in concert with his co-defendant who was apprehended with drugs and buy money in his possession, with the intent to sell drugs (see, People v Perez, 185 AD2d 147, lv denied 80 NY2d 976, distinguishing People v Jones, 62 AD2d 356). In any event, given the small amount of money involved, any error in admitting it was harmless. Concur — Rosenberger, J. P., Ross, Rubin, Nardelli, and Tom, JJ.

People v. Bowen, 203 A.D.2d 204, 611 N.Y.S.2d 9, 1994 N.Y. App. Div. LEXIS 4442 (N.Y. Ct. App. 1994).

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Opinion

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