People v. Hilario

Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), rendered December 8, 1993, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 41/ 2 to 9 years, unanimously affirmed.

Viewing the evidence in the light most favorable to the People, defendant’s guilt of acting in concert to sell cocaine to the undercover police officer was proven beyond a reasonable doubt (People v Malizia, 62 NY2d 755, 757, cert denied 469 US 932). Testimony established that as the undercover…