Opinion
October 13, 1994
Appeal from the Supreme Court, New York County (Felice Shea, J.).
Viewing the evidence in a light most favorable to the People, and giving due deference to the jury's findings of credibility, we find that defendant's guilt was proven beyond a reasonable doubt (see, People v. Villanueva, 193 A.D.2d 382, lv denied 82 N.Y.2d 728). Although defendant was silent throughout the actual transfer of the drugs from codefendant to an undercover officer (see, People v. Tention, 162 A.D.2d 355, lv denied 76 N.Y.2d 991), his conduct, under the totality of the circumstances, was clearly designed to effectuate the drug sale as a steerer or lookout. Thus, he responded to the undercover's inquiry about "bottles" by first looking him over and then asking how many he wanted; he indicated his assent when his codefendant stated that he would effectuate the sale; he possessed a key to the front door of the building, in which he did not reside (see, People v. Sandobar, 191 A.D.2d 375, lv denied 81 N.Y.2d 1080); and he directed the undercover officer to remain outside while he and codefendant entered the building to obtain the drugs.
The trial court did not err in permitting defendant's witness to be cross-examined about his possible intoxication at the time of the events to which he testified (see, People v. Rosario, 160 A.D.2d 1031, 1031-1032, lv denied 76 N.Y.2d 795; cf., People v Wrigglesworth, 204 A.D.2d 758, 760).
We have considered defendant's other arguments and find they do not warrant any modification of the judgment.
Concur — Murphy, P.J., Sullivan, Rosenberger, Nardelli and Tom, JJ.