Legal Opinion
People v. Watkins
Appellate Division of the Supreme Court of the State of New York
Decided June 8, 2001PublishedCited by 9 opinions
1Opinion of the Court
—Judgment *906unanimously affirmed. Memorandum: Defendant contends that his .conviction of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]) must be reversed because the People failed to disprove his agency defense beyond a reasonable doubt. We disagree. The evidence is legally sufficient to establish that defendant was the seller of a controlled substance and not an agent of the buyer (see, People v Richards, 275 AD2d 886, 887, lv denied 96 NY2d 738; People v Trotty, 262 AD2d 337, 338, lv denied 93 NY2d 1028). Defendant actively initiated the sale, thereby…
2Cases cited3 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. RichardsAppellate Division of the Supreme Court of the State of New York · 2000
- People v. TrottyAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by9 opinions
- People v. PooleAppellate Division of the Supreme Court of the State of New York · 2010
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 2008
- People v. BurdenAppellate Division of the Supreme Court of the State of New York · 2001
- People v. FisherAppellate Division of the Supreme Court of the State of New York · 2012
- People v. LittleAppellate Division of the Supreme Court of the State of New York · 2005
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