PEOPLE v. WHITE (1999)

Judgment, Supreme Court, New York County (Ronald Zweibel, J.), rendered February 14, 1996, after a jury trial, convicting defendant, after a jury trial, of one count of criminal possession of a controlled substance in the third degree and two counts of criminal sale of a controlled substance in the third degree and, sentencing him, as a second felony offender, to concurrent terms of 5 to 10 years, unanimously affirmed.

The court properly admitted $59 in currency other than prerecorded buy money recovered from defendant.   We have consistently held such evidence admissible on the issue of a defendant's intent to sell drugs recovered at the time of arrest (see, e.g., People v. Brooks, 234 A.D.2d 149, 150, 652 N.Y.S.2d 1, lv. denied 89 N.Y.2d 1009, 658 N.Y.S.2d 247, 680 N.E.2d 621;  People v. Jackson, 203 A.D.2d 213, 214, 612 N.Y.S.2d 857, lv. denied 83 N.Y.2d 968, 616 N.Y.S.2d 21, 639 N.E.2d 761).   Such evidence is probative of intent to sell and carries no suggestion of large-scale drug activity.   We likewise find that the prosecutor's summation comments concerning the nonbuy money were properly based on the evidence and the reasonable inferences to be drawn therefrom.

MEMORANDUM DECISION.