Opinion
2002-01613
Submitted September 12, 2003.
October 14, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (McGann, J.), rendered February 8, 2002, convicting him of criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Alexis A. Ascher of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta Caferri, and William Milaccio of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., SONDRA MILLER, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
There is no merit to the defendant's contention that the trial court erred in denying his request that the confidential informant be produced, or, in the alternative, that testimony about the informant be precluded. Since the drugs and money found on the defendant by the undercover officer constituted legally sufficient evidence to establish both possession and intent ( see People v. Alvino, 71 N.Y.2d 233, 245; People v. Van Buren, 213 A.D.2d 504; People v. Calada, 154 A.D.2d 700, 70; People v. Styles, 188 A.D.2d 568), and there is no evidence that the informant was present at the arrest, the defendant "failed to demonstrate * * * that the confidential informant would have provided material and relevant testimony tending to exculpate the defendant" ( People v. Perkins, 227 A.D.2d 572, 574; see People v. McAvoy, 142 A.D.2d 605, 606).
SANTUCCI, J.P., S. MILLER, McGINITY and SCHMIDT, JJ., concur.