Opinion
July 2, 1998
Appeal from the Supreme Court, New York County (Jerome Hornblass, J.).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The totality of circumstances, including defendant's proximity to the sale, his request that a codefendant turn over the buy money to him, and the fact that the pre-recorded money was in his possession at the time of his arrest, provided ample evidence that defendant was a knowing participant in the sale whose role was to hold the proceeds ( see, People v. Hill, 198 A.D.2d 100).
Concur — Sullivan, J.P. Milonas, Rubin, Williams and Andrias, JJ.