Opinion
January 19, 1993
Appeal from the Supreme Court, Queens County (Berkowitz, J.).
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Two police officers testified that they saw the defendant sell cocaine to an undercover police officer, and also that they saw the defendant in possession of a brown paper bag that held 45 vials containing more than 500 milligrams of cocaine. The jury's acquittal of the defendant on the charge of criminal sale of a controlled substance in the third degree was not inconsistent with the convictions of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fifth degree, because mere possession of so great a quantity of cocaine is sufficient to establish an intent to sell (see, People v. Vailes, 150 A.D.2d 406). Upon the exercise of our factual review power, we find that the verdict was not against the weight of the evidence (see, CPL 470.15).
The defendant's remaining contentions are either without merit or do not warrant reversal. Lawrence, J.P., Eiber, Miller and Pizzuto, JJ., concur.