People v. Gomez

I would reverse the judgment and dismiss the indictment.

Appellant was convicted after a jury trial of criminal sale of a controlled substance in the third degree and sentenced to serve a minimum of 4 Vi years for his limited role in assisting an undercover officer to purchase four vials of crack cocaine. In my view, the People failed to prove beyond a reasonable doubt that appellant had the requisite mental culpability to be held criminally liable as an accomplice of the seller. There is insufficient evidence of any connection between the defendant and the seller.

Appellant is an admitted…