People v. Charles

Order, Supreme Court, New York County (Budd G. Goodman, J.), entered on or about May 5, 2003, which granted defendant’s motion for a trial order of dismissal, unanimously affirmed.

The trial evidence, when viewed most favorably to the People, was insufficient to establish defendant’s accessorial liability for a drug sale (see Penal Law § 20.00). As the undercover officer was having a loud conversation with another man about buying drugs, defendant approached, pointed out the codefendant, and advised the two men that the codefendant had drugs available and that they should buy drugs from that…