Opinion
June 23, 1998
Appeal from the Supreme Court, New York County (Patricia Williams, J.).
Contrary to the finding of the sentencing court, defendant was clearly an active participant in the sale of crack-cocaine to the undercover officer. Moreover, in considering defendant's character and the threat she poses to society, as reflected by her past criminal record, the imposition of the mandatory minimum sentence in this case would not have been unconstitutional ( see, People v. Thompson, 83 N.Y.2d 477, 480; People v. Broadie, 37 N.Y.2d 100, cert denied 423 U.S. 950).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490). Defendant's actions in leaning within a foot of the undercover as he crouched down to pick up two of the glassines of crack that were neatly arranged on the sidewalk, directing him to take "only two", the exact amount he purchased, and nodding her approval upon seeing that he had only taken that amount were ample evidence from which the jury could reasonably infer defendant's intentional participation in the sale as the overseer of the supply of drugs.
Defendant's remaining contention is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find it to be without merit.
Concur — Sullivan, J. P., Rosenberger, Wallach, Tom and Saxe, JJ.