People v. Evans

—Judgment, Supreme Court, New York County (Martin Rettinger, J.), rendered September 27, 1996, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. The critical question on this appeal is not whether defendant’s arrest was supported by probable cause, but whether there was probable cause for the search of defendant’s person which yielded $950 in cash. There is no evidence in the record that…