People v. Mitchell

171 A.D.2d 403, 566 N.Y.S.2d 629, 1991 N.Y. App. Div. LEXIS 2523

Opinion

Judgment, Supreme Court, New York County (Herbert Altman, J.), rendered August 15, 1989, convicting defendant after a jury trial of criminal sale of a controlled substance in the third degree, and sentencing him as a predicate felon to an indeterminate prison term of to 9 years, unanimously affirmed.

Defendant was convicted on evidence that police officers using binoculars, observed defendant selling crack on a publi street. Defendant asserts that is was improper for the tri court to admit evidence that defendant possessed money in h left pants pocket at the time of his arrest. Although this iss is not preserved for appellate review (CPL 470.05 [2]), it clear, in any event, that such evidence was relevant as corroborated the police officer’s testimony that after a sr defendant placed money in his left pocket. (See, People Molineux, 168 NY 264, 293; cf., People v Jones, 62 AD2d 356.) Moreover, any potential prejudicial effect of the admission was limited by precluding testimony as to the amount of money recovered.

Testimony that defendant was arrested following receipt of a radioed description of the defendant, if violative of People v Trowbridge (305 NY 471, 474-477), was at most inferential bolstering, and certainly harmless in light of the strong evidence of defendant’s identification. (See, People v Milburn, 19 NY2d 910, 911.)

We have considered defendant’s other claims and find them to be meritless. Concur — Murphy, P. J., Milonas, Ellerin, Kupferman and Rubin, JJ.