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

The PEOPLE of the State of New York, Respondent, v. Maurice HOOKS, Defendant-Appellant.

Decided: October 22, 1998

Before NARDELLI, J.P, RUBIN, TOM and MAZZARELLI, JJ. Alan Gadlin, for Respondent. Susan Light, for Defendant-Appellant.

Judgment, Supreme Court, New York County (Herbert Altman, J.), rendered September 12, 1996, 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.   There was ample evidence of accessorial liability, including defendant's explicit acknowledgment to the undercover officer that he was “working with” the other participant in the sale.

Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice.   Were we to review these claims, we would reject them.