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People v. Harris

Appellate Division of the Supreme Court of New York, First Department
Dec 24, 2002
300 A.D.2d 204 (N.Y. App. Div. 2002)

Opinion

2676

December 24, 2002.

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered January 29, 2001, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the fifth degree, and sentencing her, as a second felony offender, to 2 to 4 years, unanimously affirmed.

Christopher Wilson, for respondent.

Joan P. Sullivan, for defendant-appellant.

Before: TOM, J.P., ANDRIAS, ROSENBERGER, FRIEDMAN, MARLOW, JJ.


Defendant failed to preserve her challenge to the sufficiency of the evidence and we decline to review it in the interest of justice. Were we to review this claim, we would find that the officers' observation of what reasonably appeared to be a drug transaction, coupled with defendant's possession of a large quantity of cash including 42 one-dollar bills, 8 five-dollar bills, 10 ten-dollar bills and 10 twenty-dollar bills, which were described as having been jammed into defendant's pocket in a haphazard fashion, were circumstances warranting an appropriate inference that defendant intended to sell the drugs found in her possession (see People v. Sosa, 278 A.D.2d 135, lv denied 96 N.Y.2d 835) . There is no basis for disturbing the jury's determinations concerning credibility.

Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Harris

Appellate Division of the Supreme Court of New York, First Department
Dec 24, 2002
300 A.D.2d 204 (N.Y. App. Div. 2002)
Case details for

People v. Harris

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. WANDA HARRIS…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 24, 2002

Citations

300 A.D.2d 204 (N.Y. App. Div. 2002)
750 N.Y.S.2d 858