PEOPLE v. ALVARADO (1998)

Judgment, Supreme Court, New York County (Martin Rettinger, J.), rendered April 9, 1996, convicting defendant, after a nonjury trial, of three counts of criminal sale of a controlled substance in the third degree, one count 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, as a second felony offender, to four concurrent terms of 41/212 to 9 years and two concurrent terms of 1 year, unanimously affirmed.

The verdict was not against the weight of the evidence.   We see no reason to disturb the court's credibility determinations.

 The money recovered from defendant upon his arrest was properly admitted into evidence since he and his codefendant were charged with acting in concert to possess cocaine with intent to sell (People v. Santiago, 242 A.D.2d 462, 662 N.Y.S.2d 51, lv. denied 91 N.Y.2d 897, 669 N.Y.S.2d 11, 691 N.E.2d 1037;  People v. Brooks, 234 A.D.2d 149, 652 N.Y.S.2d 1, lv. denied 89 N.Y.2d 1009, 658 N.Y.S.2d 247, 680 N.E.2d 621).   The money was also admissible to corroborate the officer's testimony that defendant received money from the buyers during the drug transactions (People v. Perez, 185 A.D.2d 147, 585 N.Y.S.2d 435, lv. denied 80 N.Y.2d 976, 591 N.Y.S.2d 145, 605 N.E.2d 881;  People v. Sanchez, 181 A.D.2d 499, 581 N.Y.S.2d 309, lv. denied 79 N.Y.2d 1054, 584 N.Y.S.2d 1022, 596 N.E.2d 420).

 Defendant's ineffective assistance of counsel claim would require a CPL 440.10 motion, since this claim is based on facts dehors the record and counsel has had no opportunity to explain his strategy (People v. Love, 57 N.Y.2d 998, 457 N.Y.S.2d 238, 443 N.E.2d 486).   Based on the existing record, defendant received meaningful representation (People v. Baldi, 54 N.Y.2d 137, 444 N.Y.S.2d 893, 429 N.E.2d 400).

We have reviewed and rejected defendant's remaining claims, including those contained in his pro se supplemental brief.

MEMORANDUM DECISION.