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People v. Atkinson

Appellate Division of the Supreme Court of New York, Second Department
Apr 6, 1998
249 A.D.2d 317 (N.Y. App. Div. 1998)

Opinion

April 6, 1998

Appeal from the Supreme Court, Queens County (Rosenzweig, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, there was no reasonable view of the evidence to support the theory that he participated in the drug sale "only because he wished to serve as an agent for the buyer, a complete stranger" ( People v. Herring, 83 N.Y.2d 780, 782-783). Accordingly, the trial court did not err in refusing to charge the jury as to the defense of agency ( see, People v. Herring, supra).

The defendant was not prejudiced by the prosecution's delay in disclosing certain Rosario material since the defendant had the opportunity to review the challenged material and cross-examine the witness after receiving it ( see, People v. Forest, 78 N.Y.2d 886, 887-888; People v. Boswell, 193 A.D.2d 690; People v. Blagrove, 183 A.D.2d 837).

The defendant's challenges to certain remarks made by the prosecutor during summation are unpreserved for appellate review ( see, People v. Rivera, 73 N.Y.2d 941, 942, citing People v. Ford, 69 N.Y.2d 775, 776) or without merit.

The defendant's remaining contentions are without merit.

Copertino, J.P., Santucci, Krausman and Florio, JJ., concur.


Summaries of

People v. Atkinson

Appellate Division of the Supreme Court of New York, Second Department
Apr 6, 1998
249 A.D.2d 317 (N.Y. App. Div. 1998)
Case details for

People v. Atkinson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRY ATKINSON…

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

Date published: Apr 6, 1998

Citations

249 A.D.2d 317 (N.Y. App. Div. 1998)
670 N.Y.S.2d 354

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