Opinion
January 19, 1993
Appeal from the Supreme Court, New York County (Dorothy Cropper, J.).
Viewing the evidence in a light most favorable to the People (People v. Contes, 60 N.Y.2d 620), it is clear that the People established defendant's guilt beyond a reasonable doubt. Defendant's identity as a drug seller was unquestionably proven as both officers carefully observed defendant during the drug transaction. Any discrepancies in their testimony were clearly trivial and were for the jury to resolve. Finally, the jury could properly infer that defendant intended to sell the 38 vials of crack cocaine that were found in his possession since defendant had previously sold crack to the officers and since possession of a large quantity of individual crack vials is indicative of drug selling as opposed to drug use (see, People v. Vailes, 150 A.D.2d 406, lv denied 74 N.Y.2d 795).
Concur — Sullivan, J.P., Wallach, Kupferman and Kassal, JJ.