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People v. Mosby

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 14, 1997
237 A.D.2d 990 (N.Y. App. Div. 1997)

Opinion

March 14, 1997.

Judgment unanimously affirmed.

Present — Pine, J.P., Lawton, Doerr, Balio and Boehm, JJ.


The argument of defendant that County Court erred in admitting evidence that he possessed $1,026 at the time of his arrest is not preserved for our review as a matter of law ( see, CPL 470.05). Were we to review the argument, we would conclude that it is without merit. Because defendant was charged with possession of a controlled substance with intent to sell, evidence of money found on defendant's person at the time of arrest is probative of defendant's intent ( see, People v Strunkey, 221 AD2d 387, lv denied 87 NY2d 925; People v Sanchez, 197 AD2d 359, 360, lv denied 82 NY2d 902; People v Gadsden, 192 AD2d 1103, lv denied 82 NY2d 718), and it was permissible for the prosecutor to comment upon the evidence on summation ( see, People v Sanchez, supra). (Appeal from Judgment of Monroe County Court, Bristol, J. — Criminal Sale Controlled Substance, 3rd Degree.)


Summaries of

People v. Mosby

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 14, 1997
237 A.D.2d 990 (N.Y. App. Div. 1997)
Case details for

People v. Mosby

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK MOSBY, Appellant

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

Date published: Mar 14, 1997

Citations

237 A.D.2d 990 (N.Y. App. Div. 1997)
654 N.Y.S.2d 926

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