Opinion
September 25, 1997
Appeal from Supreme Court, New York County (Edwin Torres, J.).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There was ample evidence of defendant's active participation in the sale ( see, People v Kaplan, 76 N.Y.2d 140).
Since the possession charge and the sale charge had different elements, and referred to different batches of drugs, the jury's verdict was not repugnant ( see, People v. Tucker, 55 N.Y.2d 1).
Since the charge as a whole made it clear to the jury that liability, based on accessorial conduct, required a finding that defendant acted with the mental culpability required for the commission of the crime, the charge properly conveyed the requisite legal standard and did not cause confusion ( People v Wise, 204 A.D.2d 133, lv denied 83 N.Y.2d 973).
Concur — Rosenberger, J.P., Ellerin, Williams, Tom and Colabella, JJ.