| People v Coles |
| 2007 NY Slip Op 07238 [43 AD3d 1424] |
| September 28, 2007 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v William H.Coles, Appellant. |
—[*1] Michael C. Green, District Attorney, Rochester (Leslie E. Swift of counsel), forrespondent.
Appeal from a judgment of the Monroe County Court (Richard A. Keenan, J.), rendered June28, 2004. The judgment convicted defendant, upon a jury verdict, of criminal possession of acontrolled substance in the third degree and criminal possession of a controlled substance in thefifth degree.
It is hereby ordered that the judgment so appealed from be and the same hereby isunanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict ofcriminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1])and criminal possession of a controlled substance in the fifth degree (§ 220.06 [5]). CountyCourt properly allowed the People to present evidence of uncharged drug transactions toestablish that defendant possessed the crack cocaine seized from his pocket with the intent to sellit (see People v Maddox, 272 AD2d 884, 884-885 [2000], lv denied 95 NY2d867 [2000]). The court also properly allowed a police sergeant to testify as an expert that thequantity and packaging of the drugs seized from defendant were consistent with the sale of drugs(see People v Hicks, 2 NY3d750, 751 [2004]), and that the amount of cash recovered from defendant was inconsistentwith the amount of cash recovered from persons arrested by the sergeant for the possession ofcrack cocaine for their personal use (see generally id.). We reject the contention ofdefendant that he was denied effective assistance of counsel based on defense counsel's failure tomove for a trial order of dismissal (see People v Acevedo, 44 AD3d 168 [2007]). Finally, the verdict is not against the weight of the evidence see generally People v Bleakley, 69 NY2d 490, 495 [1987]), and the sentence is notunduly harsh or severe. Present—Gorski, J.P., Smith, Centra, Fahey and Green, JJ.