Opinion
October 25, 1990
Appeal from the Supreme Court, Bronx County (Phylis Bamberger, J.).
Contrary to defendant's assertions, we find that the trial court did not commit reversible error by admitting into evidence $1,366 in cash and a beeper recovered from the defendant at the scene of his drug arrest on December 22, 1987 at 758 Kelly Street, Bronx County.
Defendant's challenge to the admission of the aforementioned evidence is unpreserved (CPL 470.05). Were we to consider that contention, in the interest of justice, we would nonetheless affirm since the currency found on the defendant's person at the time of his arrest for criminal possession of a controlled substance in the third degree was probative of "intent to sell" (People v. Jones, 138 A.D.2d 405, 406, lv denied 71 N.Y.2d 1028; People v. Milom, 75 A.D.2d 68, 72). As to the beeper, "the jury could properly infer that it was used by the defendant in the business of drug dealing to keep in touch with his customers and suppliers" (People v. Calada, 154 A.D.2d 700, 701, lv denied 75 N.Y.2d 811).
Concur — Murphy, P.J., Kupferman, Milonas, Ellerin and Rubin, JJ.