PEOPLE v. ROBINSON

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

The PEOPLE of the State of New York, Respondent, v. Vinimore ROBINSON, Defendant-Appellant.

Decided: May 16, 2000

WILLIAMS, J.P., LERNER, RUBIN, SAXE and BUCKLEY, JJ. Khari P. Prescod, for Respondent. Carl S. Kaplan, for Defendant-Appellant.

Judgment, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered October 9, 1997, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, and sentencing him, as a second felony offender, to concurrent terms of 5 to 10 years and 1 year, respectively, unanimously affirmed.

In this observation sale case, evidence that defendant was in possession of $24 at the time of his arrest was relevant to corroborate the officer's testimony that he observed the defendant receive money from the purchaser shortly before defendant's arrest (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), and could not have suggested large-scale drug dealing or otherwise caused any prejudice.   We have considered and rejected defendant's remaining claims.

MEMORANDUM DECISION.