Opinion
June 15, 1992
Appeal from the County Court, Westchester County (Scarpino, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's assertion that the police lacked probable cause to arrest him, we find that his furtive behavior and the presence of a "hallmark" of a drug exchange, namely a bag of small, clear plastic vials containing a white substance, were sufficient to give the officers probable cause to arrest (see, People v. McRay, 51 N.Y.2d 594, 604-605; People v. Goggans, 155 A.D.2d 689, 690).
Viewing the evidence in a light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's intent to sell the controlled substance found in his possession. The defendant was observed on two occasions being approached by individuals with cash in their outstretched hands, who walked away when alerted to the police presence, and he was in possession of 86 vials of crack-cocaine and $701 in cash at the time of his arrest (see, People v. Tavares, 174 A.D.2d 493; People v. Fuller, 168 A.D.2d 972, 974). Moreover, upon exercise of our factual review power, we are satisfied that the finding of guilt was not against the weight of the evidence (CPL 470.15).
The defendant's remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review (CPL 470.05) or without merit. Thompson, J.P., Lawrence, Copertino and Santucci, JJ., concur.