People v. Brown

13 A.D.3d 163, 789 N.Y.S.2d 877, 2004 N.Y. App. Div. LEXIS 15118

Opinion

Judgment, Supreme Court, New York County (John A.K. Bradley, J.), rendered July 9, 2001, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third, fifth and seventh degrees, and sentencing him, as a second felony offender, to an aggregate term of 4x/2 to 9 years, unanimously affirmed.

The jury’s verdict rejecting defendant’s agency defense was based on legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490, 495 [1987]). The evidence warranted the conclusion that defendant did not act solely to accommodate, or do a favor for, the buyer (see People v Roche, 45 NY2d 78, 85 [1978], cert denied 439 US 958 [1978]; People v Lam Lek Chong, 45 NY2d 64, 74-75 [1978], cert denied 439 US 935 [1978]; People v Elvy, 277 AD2d 80 [2000], lv denied 96 NY2d 783 [2001]). Concur—Nardelli, J.P., Tom, Saxe, Friedman and Sweeny, JJ.