Opinion
September 18, 1997
Appeal from Supreme Court, New York County (Joan Sudolnik, J.).
The hearing court properly denied defendant's suppression motion. We decline to disturb the hearing court's credibility determinations, which are supported by the record ( see, People v Prochilo, 41 N.Y.2d 759, 761). Money found in defendant's possession was properly admitted into evidence as probative of defendant's intent to sell, an element which the People were required to prove ( see, People v. Alvino, 71 N.Y.2d 233, 245; People v. Brown, 198 A.D.2d 165, lv denied 83 N.Y.2d 869). The count of criminal possession of a controlled substance in the seventh degree relating to cocaine must be dismissed as an inclusory concurrent count of third-degree possession ( see, CPL 300.40 [b]; People Brown, 231 A.D.2d 433, lv denied 89 N.Y.2d 940).
Concur — Murphy, P.J., Sullivan, Ellerin and Williams, JJ.