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People v. Rivas

132 A.D.3d 486 Court N.Y. App. Div. Decision date 2015-10-15 English

Judges Concur — Acosta, J.P., Renwick, Moskowitz and Manzanet-Daniels, JJ.

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p. 486
The People of the State of New York, Respondent, v Frank Rivas, Also Known as Frank Rosario, Appellant.
[17 NYS3d 644]

Judgment, Supreme Court, New York County (Daniel Conviser, J.), rendered April 5, 2011, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third and fifth degrees, and sentencing him to concurrent terms of five years’ probation, unanimously affirmed.

The court properly admitted $525 recovered from defendant at the time of his arrest since this evidence, along with the reasonable inferences that could be drawn therefrom, was probative of defendant’s intent to sell, an essential element of the charges (see e.g. People v Bligen, 35 AD3d 171 [1st Dept 2006], lv denied 8 NY3d 919 [2007]).

Concur — Acosta, J.P., Renwick, Moskowitz and Manzanet-Daniels, JJ.