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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LARRY BROWN, Appellant.

The denial of the defendant's motion to suppress evidence was without prejudice to renewal. In his "Notice of Supplemental Motion", the defendant sought suppression of the beeper and money removed from his person but not the cocaine which had been seized from a garbage can next to him. Accordingly, a hearing was properly granted to determine the legitimacy of the seizure of the beeper and money and denied with respect to the seizure of the cocaine.

The currency found on defendant at the time of his arrest was properly admitted at trial on the ground that it was probative of defendant's intent to sell the cocaine in his possession (People v Burgos, 192 A.D.2d 472, lv denied 82 N.Y.2d 707).

Concur — Sullivan, J.P., Rosenberger, Ross, Asch and Rubin, JJ.

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PEOPLE v. BROWN
(Nov 23, 1993)