People v. Henderson

Appellate Division of the Supreme Court of New York

People v. Henderson

64 A.D.2d 906, 407 N.Y.S.2d 888, 1978 N.Y. App. Div. LEXIS 12796

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

DecidedAugust 7, 1978

StatusPublished

This text of 64 A.D.2d 906 (People v. Henderson) 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. Henderson, 64 A.D.2d 906, 407 N.Y.S.2d 888, 1978 N.Y. App. Div. LEXIS 12796 (N.Y. Ct. App. 1978).

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Opinion

—Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered January 28, 1975, convicting her of criminal possession of a controlled substance in the fifth degree, upon a jury verdict, and imposing sentence. Judgment affirmed. The trial court correctly charged the jury that the defense of agency, though applicable to the crime of criminal sale of a controlled substance, is not relevant to the crime of criminal possession of a controlled substance in the fifth degree (see Penal Law, § 220.09). This holding obtains because the crime of mere possession of a controlled substance is punishable without regard to whether the possessor is acting as seller or buyer, or the agent of either (see People v Sierra, 45 NY2d 56; People v Carr, 41 NY2d 847; People v Sheldon K., 26 NY2d 949; People v Perez, 60 AD2d 656). Hopkins, J. P., Damiani, Titone and Suozzi, JJ., concur.

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—Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered January 28, 1975, convicting her of criminal possession of a controlled substance in the fifth degree, upon a jury verdict, and imposing sentence. Judgment affirmed. The trial court correctly charged the jury that the defense of agency, though applicable to the crime of criminal sale of a controlled substance, is not relevant to the crime of criminal possession of a controlled substance in the fifth degree (see Penal Law, § 220.09). This holding obtains because the crime of mere possession of a controlled substance is punishable without regard to whether the possessor is acting as seller or buyer, or the agent of either (see People v Sierra, 45 NY2d 56; People v Carr, 41 NY2d 847; People v Sheldon K., 26 NY2d 949; People v Perez, 60 AD2d 656). Hopkins, J. P., Damiani, Titone and Suozzi, JJ., concur.

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Bluebook (online)

64 A.D.2d 906, 407 N.Y.S.2d 888, 1978 N.Y. App. Div. LEXIS 12796, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-henderson-nyappdiv-1978.

Opinion

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