Opinion
July 16, 1990
Appeal from the County Court, Nassau County, Delin, J., Winick, J.
Ordered that the judgment is affirmed.
The defendant contends that he was denied a fair trial by the admission into evidence, over objection, of $430 in currency that had been found in his pockets at the time of his arrest (in addition to 13 vials of the type of cocaine known as crack and a crumpled $10 bill).
Since two counts of the indictment accused the defendant of criminal possession of cocaine with intent to sell, evidence of the currency found on his person at the time of his arrest was relevant and admissible on the issue of his intent (see, People v. Jones, 138 A.D.2d 405; see also, People v. Hernandez, 71 N.Y.2d 233, 245-247; People v. Wheeler, 140 A.D.2d 731).
We have considered the defendant's second contention and find it to be without merit (see, People v. Gonzalez, 68 N.Y.2d 424). Kunzeman, J.P., Kooper, Sullivan and O'Brien, JJ., concur.