Legal Opinion
People v. Vargas
Appellate Division of the Supreme Court of the State of New York
Decided December 28, 1987PublishedCited by 8 opinions
1Opinion of the Court
— Appeal by the defendant from a *854judgment of the Supreme Court, Queens County (O’Dwyer, J.), rendered June 28, 1982, 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 contends that the People failed to disprove his agency defense beyond a reasonable doubt and that reversal of his conviction is, therefore, required. We disagree.
In determining whether a defendant is an agent of the buyer, the following factors are to be considered: "(1) did the defendant act as a mere…
2Cases cited3 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. GonzalesAppellate Division of the Supreme Court of the State of New York · 1978
- People v. BetheaAppellate Division of the Supreme Court of the State of New York · 1980
3Cited by8 opinions
- People v. OramaAppellate Division of the Supreme Court of the State of New York · 1989
- People v. TorresAppellate Division of the Supreme Court of the State of New York · 1989
- People v. AlvarezAppellate Division of the Supreme Court of the State of New York · 1997
- People v. SchianoAppellate Division of the Supreme Court of the State of New York · 1993
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 1989
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