Opinion
March 28, 2000.
Judgment, Supreme Court, New York County (Ira Beal, J.), rendered October 30, 1997, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4+ to 9 years, unanimously affirmed.
Suzanne M. Herbert, for respondent.
Lisa Joy Robertson for defendant-appellant.
ROSENBERGER, J.P., WILLIAMS, TOM, ANDRIAS, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The totality of defendant's statements and conduct during the drug transaction provided ample basis for a reasonable inference of accessorial liability. Specifically, the evidence established that defendant's participation included, inter alia, an unsuccessful attempt to determine whether the prospective purchaser was an undercover officer by offering to sell him imitation drugs.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.