Appellate Division of the Supreme Court of New York, 2001

People v. Watkins

Appellate Division of the Supreme Court of New York · Decided June 8, 2001

284 A.D.2d 905; 726 N.Y.S.2d 513; 2001 N.Y. App. Div. LEXIS 5830

Cases that cite this one

9 later published cases cite this decision.

People v. Little (Appellate Division of the Supreme Court of New York 2005)
People v. Mineccia (Appellate Division of the Supreme Court of New York 2020)
FISHER, WILLIE, PEOPLE v (Appellate Division of the Supreme Court of New York 2012)
People v. Fisher (Appellate Division of the Supreme Court of New York 2012)
People v. Fisher (Appellate Division of the Supreme Court of New York 2012)
People v. Poole (Appellate Division of the Supreme Court of New York 2010)
People v. Jones (Appellate Division of the Supreme Court of New York 2008)
People v. Burden (Appellate Division of the Supreme Court of New York 2001)
People v. Tillman (Appellate Division of the Supreme Court of New York 2001)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Judgment *906unanimously affirmed. Memorandum: Defendant contends that his .conviction of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]) must be reversed because the People failed to disprove his agency defense beyond a reasonable doubt. We disagree. The evidence is legally sufficient to establish that defendant was the seller of a controlled substance and not an agent of the buyer (see, People v Richards, 275 AD2d 886, 887, lv denied 96 NY2d 738; People v Trotty, 262 AD2d 337, 338, lv denied 93 NY2d 1028). Defendant actively initiated the sale, thereby exhibiting salesman-like behavior. Furthermore, the verdict is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). It cannot be said that, in rejecting the agency defense, the jury failed to give the evidence the weight it should be accorded (see, People v Richards, supra, at 887). (Appeal from Judgment of Niagara County Court, Hannigan, J. — Criminal Sale Controlled Substance, 3rd Degree.) Present — Pigott, Jr., P. J., Wisner, Scudder, Kehoe and Burns, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.