Legal Opinion
People v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided January 7, 1992PublishedCited by 5 opinions
1Opinion of the Court
Upon viewing the evidence in a light most favorable to the People, we find it legally sufficient to establish defendant’s guilt beyond a reasonable doubt. (People v Contes, 60 NY2d 620, 621.) There was evidence from which the jury could conclude that defendant’s conduct constituted more than mere presence and demonstrated the requisite "intent” to sell, pursuant to Penal Law § 220.39 (1) (see, People v Tention, 162 AD2d 355, 356, lv denied 76 NY2d 991). When the undercover officer gained entry to the building lobby, where numerous drug sales were taking place, defendant approached, asked the…
2Cases cited4 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. TentionAppellate Division of the Supreme Court of the State of New York · 1990
- People v. ArmstrongAppellate Division of the Supreme Court of the State of New York · 1990
- People v. SerraAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by5 opinions
- People v. McDermottAppellate Division of the Supreme Court of the State of New York · 1993
- People v. BobbittAppellate Division of the Supreme Court of the State of New York · 1992
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 1994
- People v. TorresAppellate Division of the Supreme Court of the State of New York · 1995
- People v. TorresAppellate Division of the Supreme Court of the State of New York · 1995