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PEOPLE v. BLOUNT

Appellate Division of the Supreme Court of New York, First Department.
Oct 21, 1999
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Defendant intentionally aided his codefendant's sale of heroin to an undercover police officer by loaning the codefendant his bicycle for the purpose of retrieving the drugs and by insisting that the undercover officer sample the drugs immediately after the sale (see, People v. Kaplan, 76 N.Y.2d 140) There was ample evidence to support the jury's finding that defendant was not a bystander but an active participant in a drug transaction. Accordingly, the verdict was based on legally sufficient evidence.

Defendant's request for a circumstantial evidence charge was properly denied. Defendant's guilt was established through direct evidence of conduct from which the inference of accessorial liability could be drawn (see, People v. Roldan, 88 N.Y.2d 826).

SULLIVAN, J.P., NARDELLI, TOM, MAZZARELLI, FRIEDMAN, JJ.