Appellate Division of the Supreme Court of New York, 1994

People v. Hurd

People v. Hurd
Appellate Division of the Supreme Court of New York · Decided January 25, 1994
200 A.D.2d 521; 606 N.Y.S.2d 670; 1994 N.Y. App. Div. LEXIS 594
People v. Hurd

Opinion of the Court

—Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered December 9, 1987, convicting defendant, after a jury trial, of criminal possession of marijuana in the first degree, and sentencing him to a term of 4 to 12 years, unanimously affirmed.

*522The admission of evidence of defendant’s possession of a large sum of money at the time of arrest, though error, was harmless in light of the overwhelming evidence of his guilt (see, People v Cotto, 169 AD2d 517). Further, in view of the presumption of regularity, and in the absence of proof to the contrary, we conclude that the court had access to a presentence report prior to sentencing the defendant in absentia (see, People v Kalakowski, 120 AD2d 763, 765). Concur — Carro, J. P., Ellerin, Asch and Nardelli, JJ.

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