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People v. Branch

13 A.D.2d 714, 213 N.Y.S.2d 535, 1961 N.Y. App. Div. LEXIS 11573
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 6, 1961
StatusPublished
Cited by31 cases

This text of 13 A.D.2d 714 (People v. Branch) 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. Branch, 13 A.D.2d 714, 213 N.Y.S.2d 535, 1961 N.Y. App. Div. LEXIS 11573 (N.Y. Ct. App. 1961).

Opinion

Judgment of conviction unanimously reversed on the law and facts and indictment dismissed. Memorandum: There was nothing in the evidence to show that the defendant had entered into a conspiracy with the vendor of the narcotics to engage in the selling of narcotics or that the defendant had acted in the transaction in any way as the agent of the vendor or on her behalf, or that he was associated in any way with the enterprise of the vendor or that he had any personal or financial interest in bringing trade to her. The motion to dismiss the indictment should therefore have been granted. One who acts solely as the agent of the buyer cannot be convicted of the crime of selling narcotics. (People v. Buster, 286 App. Div. 1141; People v. Pasquarello, 282 App. Div. 405, affd. 306 N. Y. 759; United States v. Sawyer, 210 F. 2d 169; United States v. Moses, 220 F. 2d 166.) (Appeal from judgment of Onondaga County Court convicting defendant in two counts of conspiracy to sell and the illegal sale of narcotics.) Present—Bastow, J. P., Goldman, Halpern, MeClusky and Henry, JJ.

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Bluebook (online)
13 A.D.2d 714, 213 N.Y.S.2d 535, 1961 N.Y. App. Div. LEXIS 11573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-branch-nyappdiv-1961.