People v. Ranno

194 A.D.2d 342, 598 N.Y.S.2d 258, 1993 N.Y. App. Div. LEXIS 5545

Opinion

—Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered April 5, 1990, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the first degree, and sentencing him to a term of 20 years to life, unanimously affirmed.

In view of defendant’s salesmanlike behavior in counting the money, arranging the sale price, and taking a profit, no reasonable view of the evidence would support a finding that he was acting as an agent of the buyer, and his request for an agency charge was properly denied (People v Ortiz, 76 NY2d 446; People v Argibay, 45 NY2d 45, cert denied sub nom. Hahn-DiGuiseppe v New York, 439 US 930). Concur—Murphy, P. J., Sullivan, Carro, Kupferman and Rubin, JJ.