Opinion
January 31, 1992
Appeal from the Onondaga County Court, Cunningham, J.
Present — Denman, P.J., Callahan, Boomer, Lawton and Davis, JJ.
Judgment unanimously affirmed. Memorandum: There is no merit to defendant's contention that the jury's verdict, convicting him of criminal sale of a controlled substance in the first degree (Penal Law § 220.43), is not supported by sufficient evidence. The trial testimony, combined with the tape and transcript of the motel room conversation among defendant, his codefendants, and undercover police investigators, establishes that defendant knew that the substance being offered for sale was cocaine and that he intentionally aided his codefendants in the sale to the investigators (see, People v. Kaplan, 76 N.Y.2d 140, 146-147; People v. Dordal, 55 N.Y.2d 954; People v. Gonzalez, 167 A.D.2d 168; People v. Vitanza, 167 A.D.2d 763, lv denied 77 N.Y.2d 845; People v. Christopher, 161 A.D.2d 896, lv denied 76 N.Y.2d 786;
People v. Payne, 135 A.D.2d 746, lv denied 71 N.Y.2d 900; People v. Serra, 104 A.D.2d 66). Similarly, the verdict was not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495).
We have reviewed defendant's remaining contentions and find them to be without merit.