Ordered that the order is reversed insofar as appealed from, on the law, those branches of the defendants' motions which were to dismiss count one of Indictment Number QN12848/90 are denied, count one of Indictment Number QN12848/90 is reinstated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings on the indictment.
Contrary to the Supreme Court's holding, the evidence that 50 vials containing cocaine were recovered from the automobile in which the defendants were occupants, was legally sufficient, within the meaning of CPL 70.10 (1) and 190.65 (1), to support count one of the indictment charging the defendants with criminal possession of a controlled substance in the third degree i.e., possession with the intent to sell (see, Penal Law § 220.16; § 220.25 [1]; People v Timmons, 127 A.D.2d 806, 807; see also, People v Hernandez, 71 N.Y.2d 233, 245; People v Vailes, 150 A.D.2d 406, 407; People v Dawkins, 136 A.D.2d 726, 726-727). Brown, J.P., Sullivan, Lawrence and Ritter, JJ., concur.