People v. Rivas

132 A.D.3d 486, 17 N.Y.S.3d 644

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 15, 2015
• Docket: 15792 4687/10
• Status: Published

Opinion

Judgment, Supreme Court, New York County (Daniel Conviser, J.), rendered April 5, 2011, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third and fifth degrees, and sentencing him to concurrent terms of five years’ probation, unanimously affirmed.

The court properly admitted $525 recovered from defendant at the time of his arrest since this evidence, along with the reasonable inferences that could be drawn therefrom, was probative of defendant’s intent to sell, an essential element of the charges (see e.g. People v Bligen, 35 AD3d 171 [1st Dept 2006], lv denied 8 NY3d 919 [2007]).

Concur — Acosta, J.P., Renwick, Moskowitz and Manzanet-Daniels, JJ.