Opinion
01-20-2015
The PEOPLE of the State of New York, Respondent, v. Raymundo GARCIA, Defendant–Appellant.
Scott A. Rosenberg, The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Jesse A. Townsend of counsel), for respondent.
Scott A. Rosenberg, The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Jesse A. Townsend of counsel), for respondent.
TOM, J.P., SAXE, FEINMAN, CLARK, KAPNICK, JJ.
Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered April 29, 2011, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to a term of eight years, unanimously affirmed.
The verdict was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the jury's determinations concerning credibility. Defendant responded to the undercover buyer's inquiry about purchasing drugs, ascertained the amount of drugs the buyer wanted, brought the buyer to the codefendant, vouched for the buyer, took cash from the buyer, transferred the cash to the codefendant, obtained drugs from the codefendant and gave them to the buyer. Based on this evidence, the jury properly found that defendant participated in the drug sale, by, at the very least, acting as a steerer (see e.g. People v. Felix, 277 A.D.2d 131, 717 N.Y.S.2d 60 [1st Dept.2000], lv. denied 96 N.Y.2d 734, 722 N.Y.S.2d 801, 745 N.E.2d 1024 [2001] ; People v. Williams, 266 A.D.2d 97, 698 N.Y.S.2d 649 [1st Dept.1999], lv. denied 94 N.Y.2d 879, 705 N.Y.S.2d 11, 726 N.E.2d 488 [2000] ), as well as by actually exchanging drugs for money. To the extent that defendant's weight of the evidence argument can be construed as raising an agency defense, we note that no such defense was raised at trial or submitted to the jury. This defense may not be raised for the first time on appeal ( People v. Wright, 288 A.D.2d 28, 732 N.Y.S.2d 225 [1st Dept.2001], lv. denied 97 N.Y.2d 735, 740 N.Y.S.2d 708, 767 N.E.2d 165 [2002] ), and we find it unavailing in any event.
We perceive no basis for reducing the sentence.