Opinion
March 15, 2001.
Judgment, Supreme Court, Bronx County (Patricia Williams, J.), rendered September 3, 1998, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third and fourth degrees, and sentencing him, as a second felony offender, to concurrent terms of 5 to 10 years and 3 to 6 years, respectively, unanimously affirmed.
Peter A. Sell, for respondent.
Noah Lipman, for defendant-appellant.
Before: Sullivan, P.J., Rosenberger, Williams, Mazzarelli, Friedman, JJ.
Contrary to defendant's argument, there was legally sufficient evidence of the element of intent to sell to support the conviction of criminal possession of a controlled substance in the third degree. Defendant's intent to sell can be reasonably inferred from his possession of 32 separate packets of cocaine (People v. Alvino, 71 N.Y.2d 233, 245), especially when coupled with his possession of $941 in cash.