Opinion
January 28, 1999.
Appeal from the Supreme Court, New York County (Ronald Zweibel, J.).
The court properly admitted $59 in currency other than prerecorded buy money recovered from defendant. We have consistently held such evidence admissible on the issue of a defendant's intent to sell drugs recovered at the time of arrest ( see, e.g., People v. Brooks, 234 A.D.2d 149, 150, lv denied 89 N.Y.2d 1009; People v. Jackson, 203 A.D.2d 213, 214, lv denied 83 N.Y.2d 968). Such evidence is probative of intent to sell and carries no suggestion of large-scale drug activity. We likewise find that the prosecutor's summation comments concerning the non-buy money were properly based on the evidence and the reasonable inferences to be drawn therefrom.
Concur — Ellerin, J.P., Wallach, Tom and Andrias, JJ.