People v. Cruz
Opinion of the Court
Appeal by the defendant from a judgment of the County Court, Westchester County (Lange, J.), rendered September 6, 1988, convicting him of criminal sale of a controlled substance in the third degree (two counts), criminal possession of a controlled substance in the third degree (two counts), and criminal possession of a controlled substance in the seventh degree (five counts), upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant argues that the People failed to disprove beyond a reasonable doubt that he was acting as an agent of the undercover officers. In determining whether a defendant is a seller or merely acting as a procuring agent for the buyer, the following factors must be considered: "(1) did the defen
Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15 [5]). Although the undercover agents initiated the transaction, the defendant exhibited salesmanlike behavior in his handling of all three transactions, and demonstrated that he was acting out of an independent desire to promote the transaction, and not as a mere extension of the buyers throughout the relationship. Thompson, J. P., Rubin, Rosenblatt and Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.