Legal Opinion
People v. Nieves
Appellate Division of the Supreme Court of the State of New York
Decided April 3, 1995PublishedCited by 4 opinions
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Rohl, J.), rendered October 7, 1993, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s contention that the People failed to disprove the defense of agency beyond a reasonable doubt is unpreserved for review (see, CPL 470.05 [2]; People v Bynum, 70 NY2d 858; People v Udzinski, 146 AD2d 245, 250). In any event, it is without merit. While the defendant did not initiate the drug sale, there was…
2Cases cited7 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. . GaimariNew York Court of Appeals · 1903
- People v. GarafoloAppellate Division of the Supreme Court of the State of New York · 1974
- People v. UdzinskiAppellate Division of the Supreme Court of the State of New York · 1989
- People v. BynumNew York Court of Appeals · 1987
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. RichardsAppellate Division of the Supreme Court of the State of New York · 2000
- People v. BaggettAppellate Division of the Supreme Court of the State of New York · 2022
- People v. FigueroaAppellate Division of the Supreme Court of the State of New York · 2001
- People v. SantiagoAppellate Division of the Supreme Court of the State of New York · 1995