People v. Mitchell

Judgment, Supreme Court, New York County (Herbert Altman, J.), rendered August 15, 1989, convicting defendant after a jury trial of criminal sale of a controlled substance in the third degree, and sentencing him as a predicate felon to an indeterminate prison term of to 9 years, unanimously affirmed.

Defendant was convicted on evidence that police officers using binoculars, observed defendant selling crack on a publi street. Defendant asserts that is was improper for the tri court to admit evidence that defendant possessed money in h left pants pocket at the time of his arrest. Although this…