People v. Rivas

Appellate Division of the Supreme Court of New York

People v. Rivas

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

Appellate Division of the Supreme Court of the State of New York·Decided October 15, 2015·No. 15792 4687/10·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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

People v. Rivas, 132 A.D.3d 486, 17 N.Y.S.3d 644 (N.Y. Ct. App. 2015).

Pincite

132 A.D.3d 486 (People v. Rivas) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.