Legal Opinion

People v. Guthrie

Appellate Division of the Supreme Court of the State of New York

Decided December 18, 2008PublishedCited by 12 opinions

1Opinion of the CourtCardona, P.J.

Defendant was convicted following a jury trial of criminal sale of a controlled substance in the third degree and was sentenced, as a second felony offender, to a prison term of 7V2 years, followed by three years of postrelease supervision.

Initially, we find that there was legally sufficient evidence for the jury to reject defendant’s agency defense. “[W]hether the defendant was a seller, or merely a purchaser doing a favor for a friend, is generally a factual question for the jury to resolve on the circumstances of the particular case” (People v Lam Lek Chong, 45 NY2d 64, 74 [1978], cert…

2Cases cited10 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. Lam Lek ChongNew York Court of Appeals · 1978
  3. People v. SavinonNew York Court of Appeals · 2003
  4. People v. HerringNew York Court of Appeals · 1994
  5. People v. BucklerNew York Court of Appeals · 1976

5 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. People v. LeeAppellate Division of the Supreme Court of the State of New York · 2015
  2. People v. MilesAppellate Division of the Supreme Court of the State of New York · 2009
  3. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. DarbyAppellate Division of the Supreme Court of the State of New York · 2010
  5. People v. PeterkinAppellate Division of the Supreme Court of the State of New York · 2016

7 more not listed; retrieve them via the Exa API.

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