People v. Ellerbe

*302Viewing the evidence in the light most favorable to the prosecution, defendant’s guilt of acting-in-concert to sell cocaine to the undercover was proven beyond a reasonable doubt (People v Malizia, 62 NY2d 755, cert denied 469 US 932). Testimony established that the undercover officer approached the defendant, whom she had never met before, and asked "who’s working”. Defendant brushed her off, stating "I don’t know who you are”. After further unsuccessful efforts at persuasion, the undercover walked further along the block. Unable to find another seller, the undercover approached defendant a…