People v. Jones

OPINION OF THE COURT

Levine, J.

Defendant was charged with criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]) based upon allegations that, on November 7, 1996, he sold cocaine to an undercover police officer.

Prior to trial, defendant moved to suppress the physical evidence resulting from his arrest, including allegedly prerecorded “buy money” seized from his person. In support of the motion, defense counsel affirmed, on information and belief, that defendant was not engaged in any criminal activity at the time of the arrest that would establish independent…