People v. Guthrie
Appellate Division of the Supreme Court of the State of New York
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
- People v. BleakleyNew York Court of Appeals · 1987
- People v. Lam Lek ChongNew York Court of Appeals · 1978
- People v. SavinonNew York Court of Appeals · 2003
- People v. HerringNew York Court of Appeals · 1994
- People v. BucklerNew York Court of Appeals · 1976
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- People v. LeeAppellate Division of the Supreme Court of the State of New York · 2015
- People v. MilesAppellate Division of the Supreme Court of the State of New York · 2009
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2012
- People v. DarbyAppellate Division of the Supreme Court of the State of New York · 2010
- People v. PeterkinAppellate Division of the Supreme Court of the State of New York · 2016
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