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People v. Cortes

Appellate Division of the Supreme Court of New York, Second Department
Aug 5, 1985
112 A.D.2d 946 (N.Y. App. Div. 1985)

Opinion

August 5, 1985

Appeal from the Supreme Court, Suffolk County (Jaspan, J.).


Judgment affirmed.

A sale of an ounce of cocaine gave rise to the charge on which defendant was convicted. Defendant was charged with acting in concert with his codefendants (Penal Law § 20.00). The record indicates that defendant knew of the proposed drug sale and that he expected to profit from the transaction. Consequently, on June 9, 1979, defendant knowingly agreed to ride from The Bronx to a rest area on the Long Island Expressway, the situs of the drug exchange, and was enlisted to act as a guard for the seller. After the sale was completed, defendant, who admitted having a $50 a day drug habit, received payment in the form of free cocaine.

Although the record also indicates that defendant never had physical possession of the drugs, he did remain in the car alone with the drugs which were the subject of the sale while the seller negotiated with the undercover officer-buyer. The above-stated facts are legally sufficient to find that defendant was an accomplice to his codefendants who physically possessed the drug. Consequently, defendant could properly be found guilty of the crime charged ( see, People v. Feliciano, 32 N.Y.2d 140). Gibbons, J.P., Niehoff, Rubin and Kunzeman, JJ., concur.


Summaries of

People v. Cortes

Appellate Division of the Supreme Court of New York, Second Department
Aug 5, 1985
112 A.D.2d 946 (N.Y. App. Div. 1985)
Case details for

People v. Cortes

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TEOFILO CORTES…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 5, 1985

Citations

112 A.D.2d 946 (N.Y. App. Div. 1985)

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