People v. Perez

269 A.D.2d 164, 701 N.Y.S.2d 905, 2000 N.Y. App. Div. LEXIS 1047

Opinion

—Judgment, Supreme Court, New York County (Antonio Brandveen, J.), rendered December 8, 1997, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 5 to 10 years, unanimously affirmed.

The verdict was based on legally sufficient evidence. The evidence established that defendant was part of a drug-selling operation and thus constructively possessed the drugs found on the codefendant when both were arrested (see, People v Harrison, 238 AD2d 271, lv denied 90 NY2d 894).

The court properly admitted into evidence $210 found on defendant that was not prerecorded buy money. Such evidence was relevant to defendant’s intent to sell drugs and was not unduly prejudicial (see, People v Jones, 203 AD2d 183, lv denied 84 NY2d 827). Concur — Nardelli, J. P., Rubin, Andrias, Buckley and Friedman, JJ.