Opinion
Submitted January 24, 2000
March 9, 2000
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Sampson, J.), rendered May 28, 1998, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (De Nice Powell of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Linda M. Michetti of counsel), for respondent.
WILLIAM C. THOMPSON, J.P., SANDRA J. FEUERSTEIN, ROBERT W. SCHMIDT, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
As the prosecution correctly concedes, the trial court erred in allowing the prosecution to elicit testimony that currency other than the prerecorded buy money was found on the defendant at the time of his arrest in an instance where only a single sale of narcotics was charged (see, People v. Martin, 216 A.D.2d 329 ; People v. Edwards, 199 A.D.2d 334 ). This error, however, was harmless in light of the overwhelming evidence of the defendant's guilt (see,People v. Crimmins, 36 N.Y.2d 230 ; People v. Martin, supra). There is no significant probability that but for this error the defendant would have been acquitted (see, People v. Crimmins, supra; People v. Martin, supra).
The defendant's remaining contention is unpreserved for appellate review (see, CPL 470.05[2]).
THOMPSON, J.P., FEUERSTEIN, SCHMIDT, and SMITH, JJ., concur.