From Casetext: Smarter Legal Research

People v. Chaparro

Appellate Division of the Supreme Court of New York, Second Department
Nov 16, 1987
134 A.D.2d 443 (N.Y. App. Div. 1987)

Opinion

November 16, 1987

Appeal from the Supreme Court, Kings County (Fisher, J.).


Ordered that the judgment is affirmed.

Upon the exercise of our factual review power, we are satisfied that the evidence disproved the agency defense beyond a reasonable doubt and that the verdict was not against the weight of the evidence (CPL 470.15). The testimony of the undercover officer established that there was no relationship between him and the defendant. The jury could reasonably conclude that the defendant was either the seller or the agent thereof. The defendant's conduct evinced sufficient indicia of "salesman-like behavior" (see, People v. Roche, 45 N.Y.2d 78, 85, cert denied 439 U.S. 958) to establish that he was not acting on behalf of the undercover police buyer alone and had a personal interest in promoting the transaction (see, People v. Argibay, 45 N.Y.2d 45, 53-54, rearg denied 45 N.Y.2d 839, cert denied sub nom. Hahn-DiGuiseppe v. New York, 439 U.S. 930).

The defendant further argues that the prosecutor's summation deprived him of a fair trial. Our review of the record reveals that the prosecutor's summation did not exceed the broad bounds of fair comment permissible in closing argument (see, People v Galloway, 54 N.Y.2d 396, 399; People v. Allen, 121 A.D.2d 453, affd 69 N.Y.2d 915), and was, in part, in response to defense counsel's own summation arguments (see, People v. Ortiz, 116 A.D.2d 531).

We have reviewed the defendant's remaining contentions and find them to be without merit. Niehoff, J.P., Weinstein, Eiber and Harwood, JJ., concur.


Summaries of

People v. Chaparro

Appellate Division of the Supreme Court of New York, Second Department
Nov 16, 1987
134 A.D.2d 443 (N.Y. App. Div. 1987)
Case details for

People v. Chaparro

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD CHAPARRO…

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

Date published: Nov 16, 1987

Citations

134 A.D.2d 443 (N.Y. App. Div. 1987)

Citing Cases

People v. Wedidya

Furthermore, the People proved beyond a reasonable doubt that the defendant did not serve merely as the agent…