People v. Dery

Appellate Division of the Supreme Court of New York

People v. Dery

135 A.D.2d 1124, 523 N.Y.S.2d 278, 1987 N.Y. App. Div. LEXIS 52990

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

DecidedDecember 18, 1987

StatusPublished

This text of 135 A.D.2d 1124 (People v. Dery) 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. Dery, 135 A.D.2d 1124, 523 N.Y.S.2d 278, 1987 N.Y. App. Div. LEXIS 52990 (N.Y. Ct. App. 1987).

Pincite

Opinion

— Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting defendant of criminal possession and sale of cocaine, defendant’s primary claims are that the trial court erred in not charging an agency defense, that the verdict is not supported by the evidence and that the People failed to establish that the controlled substance was cocaine. There is no merit to any of these claims. Defendant was not entitled to an agency defense charge because the evidence established that defendant was not acting as an agent of the buyers but as a primary participant in the sale of one-half pound of cocaine for $15,500 (see, People v Lam Lek Chong, 45 NY2d 64, 74-76, cert denied [1125]*1125439 US 935). The expert’s qualifications and testing procedures were proper, and his testimony established that the substance was cocaine. For reasons stated in the prior appeals of codefendants, the evidence was sufficient to support the verdict (see, People v VanDusen, 132 AD2d 974; People v Dery, 115 AD2d 996, lv denied 67 NY2d 941). We have considered the remaining claims raised by defendant and find them lacking in merit. (Appeal from judgment of Onondaga County Court, Burke, J. — criminal possession of controlled substance, first degree, and another offense.) Present — Callahan, J. P., Doerr, Green, Lawton and Davis, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

— Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting defendant of criminal possession and sale of cocaine, defendant’s primary claims are that the trial court erred in not charging an agency defense, that the verdict is not supported by the evidence and that the People failed to establish that the controlled substance was cocaine. There is no merit to any of these claims. Defendant was not entitled to an agency defense charge because the evidence established that defendant was not acting as an agent of the buyers but as a primary participant in the sale of one-half pound of cocaine for $15,500 (see, People v Lam Lek Chong, 45 NY2d 64, 74-76, cert denied [1125]*1125439 US 935). The expert’s qualifications and testing procedures were proper, and his testimony established that the substance was cocaine. For reasons stated in the prior appeals of codefendants, the evidence was sufficient to support the verdict (see, People v VanDusen, 132 AD2d 974; People v Dery, 115 AD2d 996, lv denied 67 NY2d 941). We have considered the remaining claims raised by defendant and find them lacking in merit. (Appeal from judgment of Onondaga County Court, Burke, J. — criminal possession of controlled substance, first degree, and another offense.) Present — Callahan, J. P., Doerr, Green, Lawton and Davis, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

135 A.D.2d 1124, 523 N.Y.S.2d 278, 1987 N.Y. App. Div. LEXIS 52990, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dery-nyappdiv-1987.

Opinion

Related

Cite This Page — Counsel Stack