Opinion
June 3, 1985
Appeal from the County Court, Nassau County (Samenga, J.).
Judgment affirmed.
Defendant argues that his conviction of criminal sale of a controlled substance in the first degree should be reversed because the People did not properly establish that the cocaine sold weighed the requisite two or more ounces ( see, Penal Law § 220.43). However, a "sale" for purposes of this offense includes not only an actual exchange, but also an "offer" to sell ( see, Penal Law § 220.00). Defendant's accomplice offered to sell more than two ounces of the cocaine, stating as he handed the package to an undercover officer, "the weight was a little bit over" the two ounces that were to be sold. Defendant's guilt of first degree sale has therefore been proven beyond a reasonable doubt.
We have considered defendant's remaining contentions and find them to be without merit. Mangano, J.P., Gibbons, Niehoff and Lawrence, JJ., concur.