People v. Monje

*438Defendant’s conviction arose out of a sale made to an undercover police officer in which defendant acted in concert with another. The undercover officer approached defendant and asked for "two”. Defendant’s accomplice produced two vials of crack from his mouth as defendant simultaneously extended his hand, palm up, to receive payment from the undercover officer. After the transaction, both defendant and his accomplice were arrested and pre-recorded buy money as well as an additional vial of crack were recovered from the accomplice.

Defendant was not entitled to a circumstantial evidence…