People v. Gory

30 A.D.2d 975, 294 N.Y.S.2d 654, 1968 N.Y. App. Div. LEXIS 3153

Opinion

Judgment of the County Court, Dutchess County, rendered October 11, 1966, affirmed. Defendant was convicted of the unlawful sale and possession of narcotic drugs (former Penal Law, §§ 1751, 1751-a) on the testimony of a police undercover agent who made a purchase of marijuana from defendant. The overwhelming weight of the evidence, in our opinion, established that defendant did not act solely as an agent of the buyer; that there was no entrapment, even if it be assumed that entrapment was a defense prior to the effective date of the present Penal Law; and that the police agent was not an accomplice whose testimony required corroboration (cf. People v. Wright, 20 A D 2d 652, affd. 15 N Y 2d 555; People v. Granger, 29 A D 2d 569; People v. Pasquarello, 282 App. Div. 405, affd. 306 N. Y. 759). Beldock, P. J., Christ, Brennan, Rabin and Benjamin, JJ., concur.