Opinion
April 16, 1992
Appeal from the Supreme Court, New York County (Allen G. Alpert, 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), the evidence was sufficient as a matter of law to find, beyond a reasonable doubt, that defendant sold cocaine to the undercover officer and was not acting as the officer's purchasing agent in the transaction (see, People v Lam Lek Chong, 45 N.Y.2d 64, 74). In view of the chemist's laboratory analysis, defense counsel had good reason to stipulate to the cocaine contents of the vials defendant sold to the officer, and there is thus no merit to defendant's argument that such stipulation deprived him of effective assistance of counsel.
Concur — Carro, J.P., Kupferman, Asch and Smith, JJ.