Opinion
November 7, 1988
Appeal from the Supreme Court, Queens County (Clabby, J.).
Ordered that the order is reversed, on the law, that branch of the defendant's motion which was to dismiss the indictment is denied, the indictment is reinstated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings.
The evidence presented to the Grand Jury indicated that when the defendant was approached by an undercover police officer who was posing as a purchaser of narcotics, the defendant stated that he had cocaine for sale and then called to a confederate and instructed her to "give him one", whereupon the confederate handed the officer a quantity of cocaine in return for a sum of "prerecorded buy money". Viewing the evidence in the light most favorable to the prosecution (see, People v. Scott, 131 A.D.2d 893, lv denied 70 N.Y.2d 755; People v. Giordanella, 117 A.D.2d 617), we conclude that it is legally sufficient to establish the offenses charged in the indictment (see generally, CPL 210.20 [b]; People v. Jennings, 69 N.Y.2d 103, 114-115; People v Adorno, 112 A.D.2d 308), as well as the defendant's accessorial liability therefor (see, Penal Law § 20.00; see, e.g., People v. Diaz, 112 A.D.2d 311, lv denied 66 N.Y.2d 614). Accordingly, the court erred in dismissing the indictment on the ground of legally insufficient evidence. Mangano, J.P., Brown, Sullivan and Harwood, JJ., concur.