People v. Graham

299 A.D.2d 293, 749 N.Y.S.2d 722, 2002 N.Y. App. Div. LEXIS 11515

Opinion

The court’s verdict was based on legally sufficient evidence and was not against the weight of the evidence. The People disproved defendant’s agency defense beyond a reasonable doubt (see People v Herring, 83 NY2d 780). The evidence, viewed as a whole, clearly warranted the conclusion that defendant was a participant in the drug-selling operation and had a working relationship with the other participant. Moreover, “there was no evidence that defendant had any other reason to risk arrest by assisting a total stranger in purchasing drugs” (People v Elvy, 277 AD2d 80, lv denied 96 NY2d 783). There is no basis for disturbing the court’s determinations concerning the undercover officer’s credibility. Concur — Mazzarelli, J.P., Rosenberger, Rubin and Gonzalez, JJ.