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Matter of Jason

Appellate Division of the Supreme Court of New York, Second Department
Aug 2, 1993
196 A.D.2d 502 (N.Y. App. Div. 1993)

Opinion

August 2, 1993

Appeal from the Family Court, Queens County (De Phillips, J.).


Ordered that the order of disposition is affirmed, without costs or disbursements.

The appellant contends that the Family Court erred in allowing into evidence $93 in United States currency recovered upon his arrest from his pants pocket, since the money was neither prerecorded nor identified as the proceeds of an illegal drug transaction. We disagree.

At the fact-finding hearing, the appellant failed to object to the admission of the currency into evidence on the ground now asserted. Accordingly, the claim is unpreserved for appellate review (see, CPL 470.05). In any event, because the respondent had the burden of proving beyond a reasonable doubt that the appellant possessed the cocaine with the specific intent to sell it (see, Penal Law § 220.16), the money found upon a search of the appellant after his arrest was admissible in evidence (see, People v Summers, 176 A.D.2d 905).

The appellant's remaining contentions are unpreserved for appellate review (see, CPL 470.05) or without merit. Thompson, J.P., Sullivan, Miller, Ritter and Santucci, JJ., concur.


Summaries of

Matter of Jason

Appellate Division of the Supreme Court of New York, Second Department
Aug 2, 1993
196 A.D.2d 502 (N.Y. App. Div. 1993)
Case details for

Matter of Jason

Case Details

Full title:In the Matter of JASON M., a Person Alleged to be a Juvenile Delinquent…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 2, 1993

Citations

196 A.D.2d 502 (N.Y. App. Div. 1993)
601 N.Y.S.2d 842

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