Opinion
April 30, 1998
Appeal from the Supreme Court, New York County (Felice Shea, J.).
The evidence, including defendant's salesman-like behavior and his possession upon arrest of a crack bag identical to the type he displayed for sale to the undercover officer minutes earlier, was legally sufficient to establish defendant's intent to sell the bag of crack found in his possession (see, People v. Casio, 186 A.D.2d 412, lv denied 81 N.Y.2d 786). Furthermore, the verdict was not against the weight of the evidence (People v. Bleakley, 69 N.Y.2d 490, 495). Defendant's claim that $30 recovered from his person upon his arrest was too small to have probative value and therefore should not have been admitted is unpreserved and we decline to review it in the interest of justice.
Concur — Milonas, J.P., Rosenberger, Nardelli, Tom and Saxe, JJ.