PEOPLE v. DALEY (2001)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Leon DALEY, Defendant-Appellant.

Decided: March 15, 2001

SULLIVAN, P.J., ROSENBERGER, WILLIAMS, MAZZARELLI and FRIEDMAN, JJ.

Peter A. Sell, for Respondent. Noah Lipman, for Defendant-Appellant.

Judgment, Supreme Court, Bronx County (Patricia Williams, J.), rendered September 3, 1998, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third and fourth degrees, and sentencing him, as a second felony offender, to concurrent terms of 5 to 10 years and 3 to 6 years, respectively, unanimously affirmed.

Contrary to defendant's argument, there was legally sufficient evidence of the element of intent to sell to support the conviction of criminal possession of a controlled substance in the third degree. Defendant's intent to sell can be reasonably inferred from his possession of 32 separate packets of cocaine (People v. Alvino, 71 N.Y.2d 233, 245, 525 N.Y.S.2d 7, 519 N.E.2d 808), especially when coupled with his possession of $941 in cash.

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