Opinion
January 25, 1994
Appeal from the Supreme Court, New York County (Howard Bell, J.).
Defendant's guilt was established beyond a reasonable doubt by evidence that she intentionally aided her codefendant by, at least, acting as a lookout during the sale (People v. Kaplan, 6 N.Y.2d 140).
Since defendant's intent to aid in the sale was at issue, evidence of an uncharged sale was admissible as to the charged sale itself as well as to the charge of possession with intent to sell (People v. Carter, 77 N.Y.2d 95, 107, cert denied 499 U.S. 967).
Defendant was not entitled to a circumstantial evidence charge because the case did not rest entirely on circumstantial evidence (People v. Barnes, 50 N.Y.2d 375, 379-381). Defendant's remaining arguments are unpreserved and we decline to review them in the interest of justice. Were we to review, we would find them without merit.
Defendant's sentence, which was only slightly greater than the minimum mandated for a second felony offender, was not excessive.
Concur — Carro, J.P., Ellerin, Asch and Nardelli, JJ.