The verdict convicting defendant of criminal possession of a controlled substance under a theory of possession with intent to sell (Penal Law § 220.16 [1]) was not against the weight of the evidence. Defendant's principal argument is that because of the failure to convict on the sale counts, this Court, in evaluating the weight of the evidence supporting the element of intent to sell, should disregard evidence that the police observed him making three drug sales to apprehended...
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