People v. Casado
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unani*1029mously affirmed. Memorandum: There is no merit to the contention of defendant that the People failed to disprove the agency defense beyond a reasonable doubt (see, People v Lam Lek Chong, 45 NY2d 64, 73-76, cert denied 439 US 935; People v Rosa, 192 AD2d 1082, Iv denied 82 NY2d 725). The facts tending to establish that defense were provided solely by defendant’s testimony, which County Court, as the trier of fact, was free to disbelieve. The testimony of the undercover police officer who purchased the drugs was sufficient to prove that defendant was not acting solely as the…
2Cases cited5 opinions
- People v. Lam Lek ChongNew York Court of Appeals · 1978
- People v. FloresAppellate Division of the Supreme Court of the State of New York · 1988
- People v. GambleAppellate Division of the Supreme Court of the State of New York · 1983
- People v. GreenAppellate Division of the Supreme Court of the State of New York · 1989
- People v. RosaAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by4 opinions
- People v. ClevelandAppellate Division of the Supreme Court of the State of New York · 2000
- People v. CaldwellAppellate Division of the Supreme Court of the State of New York · 1995
- People v. DanielsAppellate Division of the Supreme Court of the State of New York · 1999
- People v. LathigeeAppellate Division of the Supreme Court of the State of New York · 1998