From Casetext: Smarter Legal Research

People v. Tention

Appellate Division of the Supreme Court of New York, First Department
Jun 26, 1990
162 A.D.2d 355 (N.Y. App. Div. 1990)

Opinion

June 26, 1990

Appeal from the Supreme Court, New York County, Paul P.E. Bookson, J.


Upon viewing the evidence in the light most favorable to the People, we find it legally sufficient to establish defendant's guilt beyond a reasonable doubt (People v. Contes, 60 N.Y.2d 620, 621; People v. Bleakley, 69 N.Y.2d 490, 495). Although defendant was silent throughout the drug transaction between codefendant and the undercover officer, the jury, in perceiving the reality of the situation, was well within its province to conclude that defendant's conduct demonstrated an interest in promoting the transaction (People v. Argibay, 45 N.Y.2d 45, 53-54, cert denied sub nom. Hahn-Di-Guiseppe v. New York, 439 U.S. 930; People v. Lam Lek Chong, 45 N.Y.2d 64, cert denied 439 U.S. 935). When the undercover officer asked for drugs of a particular brand name, defendant went directly to codefendant, obviously known to him as a seller of such a commodity, and accompanied codefendant back to where the officer waited. There, although mute, he awaited completion of the transaction. This conduct bespeaks involvement beyond being a mere extension of the buyer.

Concur — Ross, J.P., Carro, Wallach and Rubin, JJ.


Summaries of

People v. Tention

Appellate Division of the Supreme Court of New York, First Department
Jun 26, 1990
162 A.D.2d 355 (N.Y. App. Div. 1990)
Case details for

People v. Tention

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARVIN TENTION…

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

Date published: Jun 26, 1990

Citations

162 A.D.2d 355 (N.Y. App. Div. 1990)
556 N.Y.S.2d 914

Citing Cases

People v. Thomas

Appeal from the Supreme Court, New York County (Frederic Berman, J.). Viewed in a light most favorable to the…

People v. Spigner

There is no reasonable view of the evidence to support defendant's claim that he was entitled to a charge on…