People v. Walker — 220 A.D.2d 469

Majority

p. 469

The People of the State of New York, Respondent, v Tyrone Walker, Appellant.

[631 NYS2d 918]

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Orgera, J.), rendered July 22, 1992, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant has not preserved for appellate review his challenge to the admission of testimony by a police witness that, in the witness’s experience, pre-recorded money is not recovered from drug dealers in "about 50 percent” of arrests (see, CPL 470.05 [2]; People v Tevaha, 84 NY2d 879 ). In any event, we reject the defendant’s contention that he was denied a fair trial by the admission of this testimony since it was necessary to explain the absence of the pre-recorded money on the defendant (see, People v Tevaha, 204 AD2d 92 , affd 84 NY2d

p. 470

879 , supra; People v Ellsworth, 176 AD2d 127 ; cf., People v Kelsey, 194 AD2d 248 ), particularly in light of the defendant’s repeated and extensive focus during trial on the fact that the pre-recorded money was not recovered from him in the instant case (cf., People v McKnight, 144 AD2d 702 ).

The trial court’s Sandoval ruling was not an improvident exercise of discretion (see, People v Sandoval, 34 NY2d 371 ; People v Carrasquillo, 204 AD2d 735 ; People v Moise, 199 AD2d 423 ; People v King, 187 AD2d 612 ; People v Otero, 184 AD2d 484 ; People v Kyser, 147 AD2d 590 ; People v Rahman, 62 AD2d 968 , affd 46 NY2d 882 ).

The sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80 ).

The defendant’s remaining contention is unpreserved for appellate review, and, in any event, without merit. Bracken, J. P., Sullivan, Friedmann and Krausman, JJ., concur.

Cases cited

People v. Tevaha 84 NY2d 879 N.Y. 1994-10-20 p. 469
People v. Tevaha 204 AD2d 92 N.Y. App. Div. 1994-05-05 p. 469
People v. Kelsey 194 AD2d 248 N.Y. App. Div. 1994-01-18 p. 470
People v. McKnight 144 AD2d 702 N.Y. App. Div. 1988-11-28 p. 470
People v. Sandoval 34 NY2d 371 N.Y. 1974-06-19 p. 470
People v. Carrasquillo 204 AD2d 735 N.Y. App. Div. 1994-05-31 p. 470
People v. Moise 199 AD2d 423 N.Y. App. Div. 1993-12-20 p. 470
People v. King 187 AD2d 612 N.Y. App. Div. 1992-11-16 p. 470
People v. Kyser 147 AD2d 590 N.Y. App. Div. 1989-02-14 p. 470
People v. Rahman 62 AD2d 968 N.Y. App. Div. 1978-04-27 p. 470
People v. Rahman 46 NY2d 882 N.Y. 1979-02-08 p. 470
People v. Suitte 90 AD2d 80 N.Y. App. Div. 1982-11-22 p. 470