People v. Rhym

Appellate Division of the Supreme Court of New York

People v. Rhym

48 A.D.3d 301, 850 N.Y.S.2d 900

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

DecidedFebruary 19, 2008

StatusPublished

This text of 48 A.D.3d 301 (People v. Rhym) 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. Rhym, 48 A.D.3d 301, 850 N.Y.S.2d 900 (N.Y. Ct. App. 2008).

Pincite

Opinion

Judgment, Supreme Court, New York County (Marcy L. Kahn, J.), rendered November 22, 2006, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony drug offender previously convicted of a violent felony, to a term of six years, unanimously affirmed.

The verdict rejecting defendant’s agency defense was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). Defendant’s actions were consistent with that of a steerer (see People v Herring, 83 NY2d 780, 783 [1994]), and there was no evidence suggesting that he was doing a “favor” for the buyer (see People v Lam Lek Chong, 45 NY2d 64, 74-75 [1978], cert denied 439 US 935 [1978]), or “of any conversation between defendant and the undercover purchaser as to why the latter needed or wanted to be represented by an ‘agent’ instead of simply buying his own drugs” (People v Vaughan, 300 AD2d 104, 104 [2002], lv denied 99 NY2d 633 [2003]). Concur—Mazzarelli, J.P., Williams, Sweeny, Catterson and Moskowitz, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, New York County (Marcy L. Kahn, J.), rendered November 22, 2006, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony drug offender previously convicted of a violent felony, to a term of six years, unanimously affirmed.

The verdict rejecting defendant’s agency defense was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). Defendant’s actions were consistent with that of a steerer (see People v Herring, 83 NY2d 780, 783 [1994]), and there was no evidence suggesting that he was doing a “favor” for the buyer (see People v Lam Lek Chong, 45 NY2d 64, 74-75 [1978], cert denied 439 US 935 [1978]), or “of any conversation between defendant and the undercover purchaser as to why the latter needed or wanted to be represented by an ‘agent’ instead of simply buying his own drugs” (People v Vaughan, 300 AD2d 104, 104 [2002], lv denied 99 NY2d 633 [2003]). Concur—Mazzarelli, J.P., Williams, Sweeny, Catterson and Moskowitz, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

48 A.D.3d 301, 850 N.Y.S.2d 900, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rhym-nyappdiv-2008.

Opinion

Related

Cite This Page — Counsel Stack