People v. Scott
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Browne, J.), rendered March 28, 1985, convicting him of criminal sale of a controlled substance in the third degree, after a nonjury trial, and imposing sentence.
Ordered that the judgment is affirmed.
The crux of this case rests on whether the People proved beyond a reasonable doubt that the defendant was actually selling a controlled substance and not acting solely as an agent of the buyer which would make him no more liable than the purchaser (see, People v Roche, 45 NY2d 78, cert denied 439 US 958).
The defendant…
2Cases cited9 opinions
- People v. GarafoloAppellate Division of the Supreme Court of the State of New York · 1974
- People v. MaliziaNew York Court of Appeals · 1984
- People v. Lam Lek ChongNew York Court of Appeals · 1978
- People v. JonesNew York Court of Appeals · 1979
- People v. ArgibayNew York Court of Appeals · 1978
4 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- People v. LeybovichAppellate Division of the Supreme Court of the State of New York · 1994
- People v. TorresAppellate Division of the Supreme Court of the State of New York · 1989
- People v. FordAppellate Division of the Supreme Court of the State of New York · 1991
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 1992
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 1989
15 more not listed; retrieve them via the Exa API.