People v. Morris

Judgment, Supreme Court, New York County (Frederic Berman, J.), rendered July 7, 1992, convicting him, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 41/2 to 9 years, unanimously affirmed.

Viewing the evidence in a light most favorable to the People and giving them the benefit of every reasonable inference (People v Malizia, 62 NY2d 755 , cert denied 469 US 932 ), we find that defendant’s guilt as an accomplice in selling cocaine was proven beyond a reasonable doubt, as he steered the undercover directly to the codefendant and a third person a short distance away, and instructed the codefendant to "give [the undercover] one,” (see, People v Kearse, 215 AD2d 104 , lv denied 86 NY2d 797 ; People v McDermott, 192 AD2d 415 , lv denied 81 NY2d 1076 ). Such involvement is inconsistent with the agency defense and went "beyond being a mere extension