Opinion
March 9, 1993
Appeal from the Supreme Court, Bronx County, Lawrence Tonetti, J., Joseph A. Mazur, J.
The hearing court properly denied suppression of the physical evidence recovered in this case, on the ground that probable cause existed for defendant's arrest based on the undercover officer's radio communication to the backup officers (People v Petralia, 62 N.Y.2d 47, cert denied 469 U.S. 852). Additionally, the money recovered from defendant at the time of his arrest was properly admitted at trial as relevant to the issue of intent to sell drugs (People v. Haynes, 172 A.D.2d 242, lv denied 78 N.Y.2d 967).
Viewing the evidence at trial in the light most favorable to the People, and giving them the benefit of every reasonable inference (People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), defendant's guilt of the crimes charged, on an acting in concert theory, was overwhelming established (People v Bleakley, 69 N.Y.2d 490). The jury's determinations of fact and credibility are supported by the record and will not be disturbed by this Court (People v. Gruttola, 43 N.Y.2d 116, 122).
We have considered defendant's additional claims of error and find them to be without merit.
Concur — Ellerin, J.P., Wallach, Asch and Rubin, JJ.