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People v. McDowell

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 7, 1991
174 A.D.2d 1017 (N.Y. App. Div. 1991)

Opinion

June 7, 1991

Appeal from the Onondaga County Court, Mulroy, J.

Present — Dillon, P.J., Doerr, Balio, Lawton and Davis, JJ.


Judgment unanimously affirmed. Memorandum: Defendant contends that the People failed to disprove, beyond a reasonable doubt, his agency defense. From our review of the record, we conclude that there was legally sufficient evidence for a rational trier of fact to determine that defendant was not merely an agent of the buyer and that the verdict is not against the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490, 495). Defendant's further contentions that prosecutorial misconduct during summation mandates reversal and that the trial court's interested witness charge was improper have not been preserved for our review (see, CPL 470.05). In any event, the trial court's interested witness charge was in all respects proper (see, People v Agosto, 73 N.Y.2d 963, 967).

We have reviewed defendant's remaining contentions and find them to be without merit.


Summaries of

People v. McDowell

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 7, 1991
174 A.D.2d 1017 (N.Y. App. Div. 1991)
Case details for

People v. McDowell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FLOYD McDOWELL…

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

Date published: Jun 7, 1991

Citations

174 A.D.2d 1017 (N.Y. App. Div. 1991)
572 N.Y.S.2d 177