Opinion
April 20, 1993
Appeal from the Supreme Court, New York County (Felice K. Shea, J.).
Viewing the evidence in the light most favorable to the People, defendant's guilt of intentionally aiding in a sale of cocaine was established beyond a reasonable doubt (People v Contes, 60 N.Y.2d 620, 621). Upon the undercover's request for vials of crack cocaine in a building lobby, defendant stated that he would lead the officer to the third floor and proceeded to do so. Once on the third floor, defendant led the officer to a woman and told her to "hook [him] up with two nicks". The woman then obtained the drugs from a third person and handed them to the undercover. From this evidence, the jury reasonably could conclude that defendant's conduct demonstrated an interest in promoting the transaction and that his involvement went "beyond being a mere extension of the buyer" (People v Tention, 162 A.D.2d 355, 356, lv denied 76 N.Y.2d 991). The fact that defendant never handled the drugs or the purchase money does not negate his accessorial liability (see, People v Smith, 179 A.D.2d 355, lv denied 79 N.Y.2d 953).
Concur — Sullivan, J.P., Rosenberger, Wallach and Kupferman, JJ.