Opinion
3468.
Decided April 22, 2004.
Judgment, Supreme Court, New York County (Michael J. Obus, J.), rendered November 22, 2002, convicting defendant, 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 4½ to 9 years, unanimously affirmed.
Richard M. Greenberg, Office of the Appellate Defender, New York (Alexis Agathocleous of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Zachary H. Johnson of counsel), for respondent.
Before: Andrias, J.P., Williams, Friedman, Marlow, Gonzalez, JJ.
The verdict was based upon sufficient evidence and was not against the weight of the evidence. This Court has repeatedly upheld observation sale convictions where, as here, the observing officer was unable to identify a small object placed in a buyer's hand in exchange for currency, but drugs were recovered from the buyer shortly thereafter ( see e.g. People v. Soto, 297 A.D.2d 601, 99 N.Y.2d 564; People v. Parker, 287 A.D.2d 276, lv denied 97 N.Y.2d 686; People v. Starks, 216 A.D.2d 120, affd 88 N.Y.2d 18; cf. People v. Graham, 211 A.D.2d 55, lv denied 86 N.Y.2d 795 [analogous inferences in probable cause context]).
The court properly exercised its discretion in admitting, with suitable limiting instructions, brief expert testimony describing street-level narcotics sales, which was relevant to explain the fact that no drugs were recovered from defendant. There was an adequate factual basis for this testimony, since defendant's interaction with another person warranted an inference that this person was defendant's accomplice ( see People v. Smith, 2 N.Y.3d 8 [Apr 1, 2004], 2004 WL 635344; People v. Brown, 97 N.Y.2d 500, 506-507).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.