Opinion
September 21, 1995
Appeal from the Supreme Court, New York County (Frederic Berman, J.).
Viewing the evidence in a light most favorable to the People and giving them the benefit of every reasonable inference ( People v Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), we find that defendant's guilt as an accomplice in selling cocaine was proven beyond a reasonable doubt, as he steered the undercover directly to the codefendant and a third person a short distance away, and instructed the codefendant to "give [the undercover] one," ( see, People v Kearse, 215 A.D.2d 104, lv denied 86 N.Y.2d 797; People v McDermott, 192 A.D.2d 415, lv denied 81 N.Y.2d 1076). Such involvement is inconsistent with the agency defense and went "beyond being a mere extension of the buyer" ( People v Tention, 162 A.D.2d 355, 356, lv denied 76 N.Y.2d 991). Moreover, upon an independent review of the facts, the verdict was not against the weight of the evidence ( People v Bleakley, 69 N.Y.2d 490).
Concur — Rosenberger, J.P., Rubin, Asch, Williams and Mazzarelli, JJ.