People v. Tribble

Appellate Division of the Supreme Court of New York

People v. Tribble

192 A.D.2d 303, 595 N.Y.S.2d 460, 1993 N.Y. App. Div. LEXIS 3309

Appellate Division of the Supreme Court of the State of New York·Decided April 1, 1993·Published

Opinion

—Judgment, Supreme Court, New York County (Charles Tejada, J.), rendered May 21, 1991, which convicted defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentenced her, as a second felony offender, to a term of 4 Vi to 9 years, unanimously affirmed.

Viewing the evidence in the light most favorable to the People (People v Malizia, 62 NY2d 755, 757, cert denied 469 US 932), there was sufficient evidence to negate the defense that defendant was merely an agent of the undercover police officer (see, People v Argibay, 45 NY2d 45, cert denied sub nom. Hahn-DiGuiseppe v New York, 439 US 930).

The evidence established beyond a reasonable doubt that defendant’s role here was#part of a "typical scenario of a street sale of drugs, where one person deals directly with the buyer and the other holds the drug supply.” (People v Lucas, 162 AD2d 273, 273-274, lv denied 76 NY2d 860.) Concur— Murphy, P. J., Carro, Ellerin, Kupferman and Asch, JJ.

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—Judgment, Supreme Court, New York County (Charles Tejada, J.), rendered May 21, 1991, which convicted defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentenced her, as a second felony offender, to a term of 4 Vi to 9 years, unanimously affirmed.

Viewing the evidence in the light most favorable to the People (People v Malizia, 62 NY2d 755, 757, cert denied 469 US 932), there was sufficient evidence to negate the defense that defendant was merely an agent of the undercover police officer (see, People v Argibay, 45 NY2d 45, cert denied sub nom. Hahn-DiGuiseppe v New York, 439 US 930).

The evidence established beyond a reasonable doubt that defendant’s role here was#part of a "typical scenario of a street sale of drugs, where one person deals directly with the buyer and the other holds the drug supply.” (People v Lucas, 162 AD2d 273, 273-274, lv denied 76 NY2d 860.) Concur— Murphy, P. J., Carro, Ellerin, Kupferman and Asch, JJ.

People v. Tribble, 192 A.D.2d 303, 595 N.Y.S.2d 460, 1993 N.Y. App. Div. LEXIS 3309 (N.Y. Ct. App. 1993).

Pincite

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Opinion

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