Opinion
June 26, 1990
Appeal from the Supreme Court, New York County, Paul P.E. Bookson, J.
Upon viewing the evidence in the light most favorable to the People, we find it legally sufficient to establish defendant's guilt beyond a reasonable doubt (People v. Contes, 60 N.Y.2d 620, 621; People v. Bleakley, 69 N.Y.2d 490, 495). Although defendant was silent throughout the drug transaction between codefendant and the undercover officer, the jury, in perceiving the reality of the situation, was well within its province to conclude that defendant's conduct demonstrated an interest in promoting the transaction (People v. Argibay, 45 N.Y.2d 45, 53-54, cert denied sub nom. Hahn-Di-Guiseppe v. New York, 439 U.S. 930; People v. Lam Lek Chong, 45 N.Y.2d 64, cert denied 439 U.S. 935). When the undercover officer asked for drugs of a particular brand name, defendant went directly to codefendant, obviously known to him as a seller of such a commodity, and accompanied codefendant back to where the officer waited. There, although mute, he awaited completion of the transaction. This conduct bespeaks involvement beyond being a mere extension of the buyer.
Concur — Ross, J.P., Carro, Wallach and Rubin, JJ.