People v. Samuels

OPINION OF THE COURT

Friedman, J.

In People v Mike (92 NY2d 996), the Court of Appeals held that a conviction of criminal sale of a controlled substance premised upon an “offering for sale” theory (see, Penal Law § 220.00 [1]) must be supported by evidence of a bona fide offer to sell, which means that the evidence must show that the defendant had both the intent and the ability to proceed with the sale. In this criminal action, defendants, pointing to Mike, assert that the evidence supporting their convictions was insufficient because no drugs were recovered by the police upon their arrest.…