From Casetext: Smarter Legal Research

People v. Robinson

Appellate Division of the Supreme Court of New York, First Department
Dec 22, 1994
210 A.D.2d 169 (N.Y. App. Div. 1994)

Opinion

December 22, 1994

Appeal from the Supreme Court, New York County (Felice Shea, J.).


Viewing the evidence in a light most favorable to the People (People v Malizia, 62 N.Y.2d 755, 757, cert denied 469 U.S. 932), there was sufficient evidence to rebut the defense that defendant was merely an agent of the undercover officer. After the officer asked defendant for "caps", defendant replied affirmatively and told the officer to follow him, indicating that "his man" had "nickels". Defendant escorted the officer to his cohort, directing him to "take care" of the officer. Defendant's cohort gave the officer the vials and the officer handed defendant's companion money in exchange. Under these circumstances, "defendant's conduct demonstrated an interest in promoting the transaction and that his involvement went `beyond being a mere extension of the buyer'" (People v McDermott, 192 A.D.2d 415, 416, lv denied 81 N.Y.2d 1076). That defendant did not handle the drugs or the purchase money does not negate his accessorial liability (supra).

Concur — Sullivan, J.P., Wallach, Kupferman, Asch and Tom, JJ.


Summaries of

People v. Robinson

Appellate Division of the Supreme Court of New York, First Department
Dec 22, 1994
210 A.D.2d 169 (N.Y. App. Div. 1994)
Case details for

People v. Robinson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOE ROBINSON, Appellant

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

Date published: Dec 22, 1994

Citations

210 A.D.2d 169 (N.Y. App. Div. 1994)
620 N.Y.S.2d 361

Citing Cases

People v. Schnell

Similarly, a defendant's supervisory position as a screener of prospective buyers in a street level drug…