People v. Mitchell

Appellate Division of the Supreme Court of New York

People v. Mitchell

169 A.D.2d 478, 564 N.Y.S.2d 351, 1991 N.Y. App. Div. LEXIS 338

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

DecidedJanuary 15, 1991

StatusPublished

This text of 169 A.D.2d 478 (People v. Mitchell) 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. Mitchell, 169 A.D.2d 478, 564 N.Y.S.2d 351, 1991 N.Y. App. Div. LEXIS 338 (N.Y. Ct. App. 1991).

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Opinion

Judgment, Supreme Court, Bronx County (Joseph Mazur, J.), rendered January 11, 1989, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and sentencing him to a term of imprisonment of from 5 to 10 years, unanimously affirmed.

[479]*479In this "buy-and-bust” operation the prosecution proved beyond a reasonable doubt that defendant was not acting merely as an agent of the buyer. The evidence showed that the undercover officer approached a group of people in front of a bodega, and asked if anyone had crack. Defendant responded that he did. Defendant and the undercover were not acquainted with each other prior to this time. By asking how much the undercover officer wanted, and then gesturing for payment, the defendant acted as a salesman and not as the undercover officer’s agent. (See, People v Vargas, 135 AD2d 853, 854.)

Testimony concerning the "pre-buy meeting” was properly allowed as limited background material.

We have reviewed defendant’s remaining contentions and find them to be without merit. Concur—Sullivan, J. P., Milonas, Rosenberger, Wallach and Smith, JJ.

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Judgment, Supreme Court, Bronx County (Joseph Mazur, J.), rendered January 11, 1989, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and sentencing him to a term of imprisonment of from 5 to 10 years, unanimously affirmed.

[479]*479In this "buy-and-bust” operation the prosecution proved beyond a reasonable doubt that defendant was not acting merely as an agent of the buyer. The evidence showed that the undercover officer approached a group of people in front of a bodega, and asked if anyone had crack. Defendant responded that he did. Defendant and the undercover were not acquainted with each other prior to this time. By asking how much the undercover officer wanted, and then gesturing for payment, the defendant acted as a salesman and not as the undercover officer’s agent. (See, People v Vargas, 135 AD2d 853, 854.)

Testimony concerning the "pre-buy meeting” was properly allowed as limited background material.

We have reviewed defendant’s remaining contentions and find them to be without merit. Concur—Sullivan, J. P., Milonas, Rosenberger, Wallach and Smith, JJ.

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Bluebook (online)

169 A.D.2d 478, 564 N.Y.S.2d 351, 1991 N.Y. App. Div. LEXIS 338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mitchell-nyappdiv-1991.

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