Opinion
2322.
November 25, 2003.
Judgment, Supreme Court, New York County (Lewis Stone, J.), rendered November 9, 2001, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal sale of a controlled substance on or near school grounds, and sentencing him, as a second felony offender, to concurrent terms of 6 to 12 years, unanimously affirmed.
Christopher Wilson for Respondent.
Laura I. Appleman for Defendant-Appellant.
Before: Buckley, P.J., Tom, Ellerin, Gonzalez, JJ.
The verdict was not against the weight of the evidence. Defendant's accessorial liability was established by evidence warranting the conclusion that defendant offered to sell the undercover officers a particular brand of drugs, and that upon the officers' acceptance, defendant directed his companion to make the sale at a nearby location (see People v. Bello, 92 N.Y.2d 523; People v. Felix, 277 A.D.2d 131, lv denied 96 N.Y.2d 734).
We perceive no basis for reducing the sentence.