Opinion
May 1, 1989
Appeal from the County Court, Nassau County (O'Shaughnessy, J.).
Ordered that the judgment is affirmed.
The defendant contends that the People failed to prove his intent to sell the cocaine found in his possession, which is an element of criminal possession of a controlled substance in the third degree. Contrary to his contention, however, legally sufficient evidence of his intent to sell could be inferred from the evidence adduced at trial that he was in possession of 48 bags of marihuana and 21 packets of cocaine (see, People v Hernandez, 71 N.Y.2d 233, 245).
Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15).
The defendant's remaining contention is unpreserved for appellate review. Bracken, J.P., Kooper, Harwood and Balletta, JJ., concur.