Appellate Division of the Supreme Court of New York, 1997

People v. Mosby

People v. Mosby
Appellate Division of the Supreme Court of New York · Decided March 14, 1997
237 A.D.2d 990; 654 N.Y.S.2d 926; 1997 N.Y. App. Div. LEXIS 3655
People v. Mosby

Cases that cite this one

4 later published cases cite this decision.

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Opinion of the Court

Judgment unanimously affirmed. Memorandum: The argument of defendant that County Court erred in admitting evidence that he possessed $1,026 at the time of his arrest is not preserved for our review as a matter of law (see, CPL 470.05 [2]). Were we to review the argument, we would conclude that it is without merit. Because defendant was charged with possession of a controlled substance with intent to sell, evidence of money found on defendant’s person at the time of arrest is probative of defendant’s intent (see, People v Strunkey, 221 AD2d 387, lv denied 87 NY2d 925; People v Sanchez, 197 AD2d 359, 360, lv denied 82 NY2d 902; People v Gadsden, 192 AD2d 1103, lv denied 82 NY2d 718), and it was permissible for the prosecutor to comment upon the evidence on summation (see, People v Sanchez, supra). (Appeal from Judgment of Monroe County Court, Bristol, J.—Criminal Sale Controlled Substance, 3rd Degree.) Present—Pine, J. P., Lawton, Doerr, Balio and Boehm, JJ.

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