Majority
p. 452The People of the State of New York, Respondent, v Maurice Clark, Appellant.
— Judgment, Supreme Court, New York County (Jay Gold, J.), rendered August 29, 1990, convicting defendant, after a non-jury trial, of criminal sale of a controlled substance in the third degree, menacing, and other charges not addressed on appeal, and sentencing him, as a second felony offender to a term of AVz to 9 years for the sale conviction, and to lesser concurrent terms for the other convictions, unanimously affirmed.
Viewing the evidence in a light most favorable to the prosecution, and giving it the benefit of every reasonable inference (People v Malizia, 62 NY2d 755 , cert denied 469 US 932 ), we find that the evidence was sufficient as a matter of law to support the verdict. Further, upon an independent
p. 453
review of the facts, we find that the verdict was not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490 ). The evidence shows that defendant threatened the undercover officer with a knife when the officer questioned the quality of the crack he was purchasing from defendant’s cohort. It cannot be "assume[d] that defendant was innocently standing around exchanging pleasantries” while a cohort sold drugs, since the high probability of arrest made it unlikely "that defendant would act in such a manner as to make his involvement in the transactions overt” (People v Williams, 172 AD2d 448 , 449, affd 79 NY2d 803 ). Concur — Sullivan, J. P., Milonas, Rosenberger, Ross and Asch, JJ.
Cases cited
- People v. Malizia 62 NY2d 755 p. 452
- People v. Bleakley 69 NY2d 490 p. 453
- People v. Williams 172 AD2d 448 at 449 p. 453
- People v. Williams 79 NY2d 803 p. 453