People v. Morris

219 A.D.2d 534, 631 N.Y.S.2d 684, 1995 N.Y. App. Div. LEXIS 9484

Opinion

Judgment, Supreme Court, New York County (Frederic Berman, J.), rendered July 7, 1992, convicting him, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 41/2 to 9 years, unanimously affirmed.

Viewing the evidence in a light most favorable to the People and giving them the benefit of every reasonable inference (People v Malizia, 62 NY2d 755, cert denied 469 US 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 AD2d 104, lv denied 86 NY2d 797; People v McDermott, 192 AD2d 415, lv denied 81 NY2d 1076). Such involvement is inconsistent with the agency defense and went "beyond being a mere extension of the buyer” (People v Tention, 162 AD2d 355, 356, lv denied 76 NY2d 991). Moreover, upon an independent review of the facts, the verdict was not against the weight of the evidence (People v Bleakley, 69 NY2d 490). Concur — Rosenberger, J. P., Rubin, Asch, Williams and Mazzarelli, JJ.