I would go for the 335. That's a really good price for that car. I have a 335i coupe from 2007 46k miles and I still have CPO until summer/2013. Only issue I had since I bought it (20k miles ago) was the HPFP failure, which is under warranty until 120k miles no matter if it's CPO or not.
If the previous owner got the car from BMW after the original 4 year warranty expired than the car should be CPO.