People v. Sanchez

Judgment, Supreme Court, Bronx County (Harold Silverman, J.), rendered March 22, 2004, convicting defendant, after a jury trial, of criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously modified, on the law, to the extent of vacating the DNA databank fee, and otherwise affirmed.

The jury’s verdict rejecting defendant’s agency defense was based on legally sufficient evidence and was not against the weight of the evidence. There was nothing in the undercover officer’s testimony that supported an…