Opinion
December 13, 1994
Appeal from the Family Court, New York County (Mary Bednar, J.).
Viewing the evidence in a light most favorable to the presentment agency, we find appellant's guilt of intentionally aiding in the possession and sale of cocaine was established beyond a reasonable doubt. Appellant, aware that the undercover officer wanted to buy drugs, initiated a transaction by offering to sell him marijuana. When the officer told appellant that he wanted crack cocaine, appellant, instead of abandoning the sale, told the officer to wait, and then hurried to his companion, who was nearby and known by appellant to have crack in his possession, to inform him of the request. The companion then approached the officer, and, after some negotiating, sold him three vials of crack cocaine for $11 in prerecorded buy money. Upon such evidence the trier of fact could reasonably conclude that appellant's conduct "demonstrated an interest in promoting the transaction and that his involvement went `beyond being a mere extension of the buyer'" (People v McDermott, 192 A.D.2d 415, 416, lv denied 81 N.Y.2d 1076). That appellant never handled the cocaine or the prerecorded buy money does not negate his accessorial liability (supra).
Concur — Ellerin, J.P., Kupferman, Rubin and Nardelli, JJ.