In our opinion, the proof as to the first count of the indictment (felonious sale of narcotics), albeit circumstantial, was clearly sufficient to sustain the conviction (People v. Taddio, 292 N.Y. 488). Furthermore, although the absence of any proof that appellant possessed one or more ounces of a narcotic drug rendered the statutory presumption of intent to sell by reason of possession of such a quantity unavailable (see former Penal Law, § 1751, subd. 2), there...
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