People v. Rivera
Opinion of the Court
—Judgment, Supreme Court, New York County (Felice Shea, J.), rendered March 3, 1995, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4V2 to 9 years, unanimously affirmed.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The entire course of conduct among defendant, the undercover officer, and the codefendant established that defendant intentionally participated in the sale by taking the officer’s order for drugs, and that defendant did not act as the officer’s agent (see, People v Sanchez, 243 AD2d 312). We see no reason to disturb the jury’s credibility determinations.
The record supports the court’s determination, which is
Viewing the charge as a whole, we find that it adequately conveyed the appropriate principles of law with respect to defendant’s agency defense (see, People v Job, 87 NY2d 956).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.