PEOPLE v. ROMERO (1998)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Raphael ROMERO, a/k/a Rafael Romero, Defendant-Appellant.

Decided: July 02, 1998

SULLIVAN, J.P., MILONAS, RUBIN, WILLIAMS and ANDRIAS, JJ.

William McGuire, for respondent. Julia Pamela Heit, for defendant-appellant.

Judgment, Supreme Court, New York County (Jerome Hornblass, J.), rendered March 28, 1995, 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 41/212 to 9 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The totality of circumstances, including defendant's proximity to the sale, his request that a codefendant turn over the buy money to him, and the fact that the pre-recorded money was in his possession at the time of his arrest, provided ample evidence that defendant was a knowing participant in the sale whose role was to hold the proceeds (see, People v. Hill, 198 A.D.2d 100, 603 N.Y.S.2d 829).

MEMORANDUM DECISION.

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