Opinion
153
April 16, 2002.
Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered November 19, 1996, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the second degree (six counts) and conspiracy in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 10 years to life (six terms) and 4 to 8 years, respectively, unanimously affirmed.
Rona Feinberg, for respondent.
Paul Feinman, for defendant-appellant.
Before: Williams, P.J., Andrias, Buckley, Rosenberger, JJ.
The verdict convicting defendant of conspiracy in the second degree was based on legally sufficient evidence and was not against the weight of the evidence (see, People v. Acosta, 80 N.Y.2d 665, 672). Defendant's intent and his agreement with his coconspirators to commit a class A felony (Penal Law § 105.15) could be readily inferred from the evidence, including defendant's own multiple sales, within the context of the drug conspiracy, in amounts constituting criminal sale of a controlled substance in the second degree, a class A-II felony, as well as the testimony of the cooperating co-conspirators.
We have considered and rejected defendant's remaining arguments.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.