People v. Whitfield

Appellate Division of the Supreme Court of New York

People v. Whitfield

130 A.D.2d 609, 515 N.Y.S.2d 310, 1987 N.Y. App. Div. LEXIS 46621

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

DecidedMay 11, 1987

StatusPublished

This text of 130 A.D.2d 609 (People v. Whitfield) 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. Whitfield, 130 A.D.2d 609, 515 N.Y.S.2d 310, 1987 N.Y. App. Div. LEXIS 46621 (N.Y. Ct. App. 1987).

Pincite

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Friedmann, J.), rendered May 24, 1985, convicting him of criminal possession of a weapon in the third degree (two counts), and criminal sale of a firearm in the second degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

The trial court properly concluded that the prosecution disproved the agency defense asserted by the defendant with respect to the charge of criminal sale of a firearm in the second degree beyond a reasonable doubt (see, People v Sierra, 45 NY2d 56; Penal Law § 25.00 [1]). The defendant’s participation in the transaction transcended that of a mere extension of the undercover police officer-purchaser, rising to the level of a middleman as exhibited by his salesman-like behavior, his willingness and ability to engage in future transactions, and his having profited from the sale (see, People v Roche, 45 NY2d 78, cert denied 439 US 958; People v Gonzales, 66 AD2d [610]*610828). Moreover, the defendant failed to satisfy the burden imposed upon him with respect to his entrapment defense (see, Penal Law § 25.00 [2]; § 40.05). Thompson, J. P., Bracken, Rubin and Eiber, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Queens County (Friedmann, J.), rendered May 24, 1985, convicting him of criminal possession of a weapon in the third degree (two counts), and criminal sale of a firearm in the second degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

The trial court properly concluded that the prosecution disproved the agency defense asserted by the defendant with respect to the charge of criminal sale of a firearm in the second degree beyond a reasonable doubt (see, People v Sierra, 45 NY2d 56; Penal Law § 25.00 [1]). The defendant’s participation in the transaction transcended that of a mere extension of the undercover police officer-purchaser, rising to the level of a middleman as exhibited by his salesman-like behavior, his willingness and ability to engage in future transactions, and his having profited from the sale (see, People v Roche, 45 NY2d 78, cert denied 439 US 958; People v Gonzales, 66 AD2d [610]*610828). Moreover, the defendant failed to satisfy the burden imposed upon him with respect to his entrapment defense (see, Penal Law § 25.00 [2]; § 40.05). Thompson, J. P., Bracken, Rubin and Eiber, JJ., concur.

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Bluebook (online)

130 A.D.2d 609, 515 N.Y.S.2d 310, 1987 N.Y. App. Div. LEXIS 46621, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-whitfield-nyappdiv-1987.

Opinion

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