PEOPLE v. TORRES

The People presented evidence that defendant acted upon the undercover officer's request to "get two bags" by leading the officer to the seller codefendant, confirmed the amount of drugs requested, stood by during the sale, left with the seller after he announced that he was selling his last bag of heroin to the officer, and then was arrested while walking away from the sale location with the seller (from whom the buy money was recovered). Viewing this evidence in the light most favorable to the People and giving them the benefit of every reasonable inference, defendant's guilt of the crime charged, on an acting in concert theory, was proven beyond a reasonable doubt (People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932). The jury reasonably concluded that defendant's actions indicated an intent to aid the principal in accomplishing the criminal sale of heroin (see, People v. Kaplan, 76 N.Y.2d 140, 146). In these circumstances, it is not of import that no additional drugs, or the prerecorded buy money, was recovered from defendant (see, People v. Smith, 179 A.D.2d 355, lv denied 79 N.Y.2d 953).

Concur — Ellerin, J.P., Wallach, Asch and Nardelli, JJ.