Opinion
November 12, 1999
Appeal from Judgment of Monroe County Court, Connell, J. — Criminal Possession Controlled Substance, 3rd Degree.
PRESENT: DENMAN, P. J., GREEN, SCUDDER, CALLAHAN AND BALIO, JJ.
Judgment unanimously affirmed. Memorandum: Defendant was convicted following a jury trial of criminal possession of a controlled substance in the third degree (Penal Law § 220.16) and criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03). His contention that County Court erred in permitting a police officer to testify concerning defendant's intent to sell drugs is not preserved for our review because defendant failed to raise that contention at trial (see, People v. Espinal, 174 A.D.2d 500, lv denied 79 N.Y.2d 826). In any event, we conclude that any error is harmless (see, People v. Goodwine, 177 A.D.2d 708, lv denied 79 N.Y.2d 920).
We reject the further contention of defendant that there was no probable cause for his arrest. Defendant was observed in a high crime area handing another person a sandwich baggie in exchange for money and, when the police approached, defendant fled and threw a baggie containing cocaine. Under the circumstances, the police had probable cause to arrest defendant (see, People v. Jones, 90 N.Y.2d 835).