Opinion
October 20, 1992
Appeal from the Supreme Court, New York County (Jay Gold, J.).
Viewing the evidence in a light most favorable to the prosecution, and giving it the benefit of every reasonable inference (People v Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), we find that the evidence was sufficient as a matter of law to support the verdict. Further, upon an independent review of the facts, we find that the verdict was not against the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490). The evidence shows that defendant threatened the undercover officer with a knife when the officer questioned the quality of the crack he was purchasing from defendant's cohort. It cannot be "assume[d] that defendant was innocently standing around exchanging pleasantries" while a cohort sold drugs, since the high probability of arrest made it unlikely "that defendant would act in such a manner as to make his involvement in the transactions overt" (People v Williams, 172 A.D.2d 448, 449, affd 79 N.Y.2d 803).
Concur — Sullivan, J.P., Milonas, Rosenberger, Ross and Asch, JJ.