People v. Robinson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Judgment unanimously affirmed. Memorandum: We disagree with defendant’s claim that Constable Pataran, a police officer with the Niagara Regional Police in the Province of Ontario, Canada, was an accomplice within the meaning of CPL 60.22. Pataran, at the time of the drug transaction, was acting pursuant to the request of and with the cooperation of the Niagara County Sheriffs Department. As a police agent he was not an accomplice because he lacked criminal intent (see, People v Cona, 49 NY2d 26, 34; People v Bedoya, 122 AD2d 545, lv denied 68 NY2d 998). We also conclude that defendant’s…
2Cases cited3 opinions
- People v. BaldiNew York Court of Appeals · 1981
- People v. ConaNew York Court of Appeals · 1979
- People v. BedoyaAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by2 opinions
- People v. ClevelandAppellate Division of the Supreme Court of the State of New York · 2000
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2001