Opinion
February 9, 2000
Judgment, Supreme Court, New York County (Antonio Brandveen, J.), rendered December 8, 1997, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 5 to 10 years, unanimously affirmed.
Floyd R. Engelhardt, for Respondent.
John R. Lewis, for Defendant-Appellant.
NARDELLI, J.P., RUBIN, ANDRIAS, BUCKLEY, FRIEDMAN, JJ.
The verdict was based on legally sufficient evidence. The evidence established that defendant was part of a drug-selling operation and thus constructively possessed the drugs found on the codefendant when both were arrested (see, People v. Harrison, 238 A.D.2d 271, lv denied 90 N.Y.2d 894).
The court properly admitted into evidence $210 found on defendant that was not prerecorded buy money. Such evidence was relevant to defendant's intent to sell drugs and was not unduly prejudicial (see, People v. Jones, 203 A.D.2d 183, lv denied 84 N.Y.2d 827).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.