People v. Ayers

Appellate Division of the Supreme Court of New York

People v. Ayers

189 A.D.2d 680, 592 N.Y.S.2d 356, 1993 N.Y. App. Div. LEXIS 360

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 19, 1993

StatusPublished

Cited by3 cases

This text of 189 A.D.2d 680 (People v. Ayers) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Ayers, 189 A.D.2d 680, 592 N.Y.S.2d 356, 1993 N.Y. App. Div. LEXIS 360 (N.Y. Ct. App. 1993).

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Opinion

Judgment, Supreme Court, New York County (Michael A. Corriero, J.), rendered May 21, 1991, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him as a second felony offender, to a term of imprisonment of 4 Vi to 9 years, unanimously affirmed.

Viewing the evidence in the light most favorable to the prosecution, and giving it the benefit of every reasonable inference (People v Malizia, 62 NY2d 755, cert denied 469 US 932), the jury’s determination of defendant’s guilt beyond a reasonable doubt of criminal sale of a controlled substance in the third degree, on an acting in concert theory, is amply supported. Defendant initiated the sale of narcotics to the undercover officer by motioning him to approach and by asking the officer if he was "looking”, and further exhibited the salesman-like characteristics of one acting with his own independent profit motive when he requested money from the officer after his codefendants "hooked the officer up” and when he motioned to his codefendant to approach so that the sale could be completed. (See, People v Lam Lek Chong, 45 NY2d 64, cert denied 439 US 935.) These acts, coupled with defendant’s familiarity with his codefendants indicated that defendant was an experienced dealer who was part of a drug operation conducted by "streetwise entreprenuers” (People v Baker, 176 AD2d 153, 154, lv denied 79 NY2d 824).

Defendant’s claim that the charge on agency was erroneous is unpreserved as a matter of law and we decline to review in the interest of justice. If we were to review it we would affirm inasmuch as the charge properly instructed the jury of the proper criteria to utilize in determining whether defendant was an agent of the officer. Concur—Sullivan, J. P., Wallach, Kupferman and Kassal, JJ.

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Judgment, Supreme Court, New York County (Michael A. Corriero, J.), rendered May 21, 1991, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him as a second felony offender, to a term of imprisonment of 4 Vi to 9 years, unanimously affirmed.

Viewing the evidence in the light most favorable to the prosecution, and giving it the benefit of every reasonable inference (People v Malizia, 62 NY2d 755, cert denied 469 US 932), the jury’s determination of defendant’s guilt beyond a reasonable doubt of criminal sale of a controlled substance in the third degree, on an acting in concert theory, is amply supported. Defendant initiated the sale of narcotics to the undercover officer by motioning him to approach and by asking the officer if he was "looking”, and further exhibited the salesman-like characteristics of one acting with his own independent profit motive when he requested money from the officer after his codefendants "hooked the officer up” and when he motioned to his codefendant to approach so that the sale could be completed. (See, People v Lam Lek Chong, 45 NY2d 64, cert denied 439 US 935.) These acts, coupled with defendant’s familiarity with his codefendants indicated that defendant was an experienced dealer who was part of a drug operation conducted by "streetwise entreprenuers” (People v Baker, 176 AD2d 153, 154, lv denied 79 NY2d 824).

Defendant’s claim that the charge on agency was erroneous is unpreserved as a matter of law and we decline to review in the interest of justice. If we were to review it we would affirm inasmuch as the charge properly instructed the jury of the proper criteria to utilize in determining whether defendant was an agent of the officer. Concur—Sullivan, J. P., Wallach, Kupferman and Kassal, JJ.

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Bluebook (online)

189 A.D.2d 680, 592 N.Y.S.2d 356, 1993 N.Y. App. Div. LEXIS 360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ayers-nyappdiv-1993.

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