Opinion
March 3, 1998
Appeal from the Judgment, Supreme Court, New York County (Joan Sudolnik, J.).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence, notwithstanding the fact that the jury failed to reach a verdict on the sale count (see, People v. LaSane, 232 A.D.2d 333, lv denied 89 N.Y.2d 986; People v. Martinez, 165 A.D.2d 788, lv denied 78 N.Y.2d 924).
Concur — Sullivan, J. P., Rosenberger, Ellerin and Tom, JJ.