People v. Asselin

Judgment unanimously affirmed. Memorandum: Defendant was convicted of criminal sale of a controlled substance in the second degree (Penal Law § 220.41 [4]) for selling LSD to a police informant. The evidence amply supports the verdict. An accomplice testified that defendant supplied the LSD and set the price of the sale and this testimony was corroborated by other witnesses who were present when the sale was negotiated and consummated (see, People v Fortner, 78 AD2d 661). Testimony regarding defendant’s silence during such discussion was properly received as evidence of defendant’s guilt…