PEOPLE v. SERRA

The verdict convicting defendant of conspiracy in the second degree was based on legally sufficient evidence and was not against the weight of the evidence (see, People v. Acosta, 80 N.Y.2d 665, 672). Defendant's intent and his agreement with his coconspirators to commit a class A felony (Penal Law § 105.15) could be readily inferred from the evidence, including defendant's own multiple sales, within the context of the drug conspiracy, in amounts constituting criminal sale of a controlled substance in the second degree, a class A-II felony, as well as the testimony of the cooperating co-conspirators.

We have considered and rejected defendant's remaining arguments.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.