- 60 -
the cocaine to Karasinski, who cut it and sold half of the
resulting amount. Karasinski divided the proceeds with Hund and
Grove.
Respondent asserts that $3,000 cash was appropriated during
the Baker search and divided up equally among Hund and
petitioners. Respondent also asserts that Grove and Cattalo each
received $300 from the proceeds of the sale of the drugs. Hund
testified that the only money he recalled was that on Baker's
person, which was returned, but he also testified that he
received $200 to $250 from Grove on the way back to the unit from
dropping off the cocaine at Karasinski's and that Grove said he
had portions for Ryan, Cattalo, Wilson, and Giongo. Hund's
testimony conflicted with his earlier testimony that did not
include Giongo as receiving any money. Hund's testimony is also
conflicting in that Giongo and Wilson did not know about or share
in drug proceeds. Ryan testified that he later received several
hundred dollars from the sale of the drugs, but he does not
recall receiving any money that night. Grove and Cattalo were
convicted of robbery, conspiracy, and possession of cocaine with
intent to distribute. Wilson was convicted of aiding and
abetting robbery and conspiracy. Based on the above, we allocate
$600 each to Wilson, Cattalo, and Grove of the cash appropriated
from Baker. Giongo was not present on the search. Given the
questionable nature of Hund's testimony, the record does not
support an allocation to Giongo. We sustain respondent's
Page: Previous 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 NextLast modified: May 25, 2011