People v. Santiago

Judgment, Supreme Court, New York County (Joan Sudolnik, J.), rendered December 16, 1994, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree and two counts of criminal possession of a controlled substance in the seventh degree, and sentencing him to concurrent prison terms of 5 to 10 years, 1 year and 1 year, respec

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 NY2d 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 NY2d 233 , 245; People v Brown, 198 AD2d 165 , lv denied 83 NY2d 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 [3] [b]; People Brown, 231 AD2d 433 , lv denied 89 NY2d 940 ). Concur—Murphy, P. J., Sullivan, Ellerin and Williams, JJ.