The evidence was legally sufficient to support the charges of sale of a controlled substance and possession with intent to sell, based on the undercover officer's testimony of the conversation between himself and defendant, along with defendant's display of crack cocaine to the officer, and the eventual recovery of the crack cocaine from defendant's person ( see, Penal Law § 220.00; People v. Boyd, 244 A.D.2d 230, lv denied 91 N.Y.2d 924). Defendant's statements to the officer constituted a clear offer to sell, conditioned on the officer's smoking some of the cocaine in defendant's presence. Furthermore, the verdict was not against the weight of the evidence.
Concur — Sullivan, J. P., Rosenberger, Wallach and Mazzarelli, JJ.