Opinion
01-12-2016
The PEOPLE of the State of New York, Respondent, v. Kareem HAMILTON, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Nicole Coviello of counsel), and Patterson Belknap Webb & Tyler LLP, New York (Ethan Krasnoo of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Nicole Coviello of counsel), and Patterson Belknap Webb & Tyler LLP, New York (Ethan Krasnoo of counsel), for respondent.
Judgment, Supreme Court, New York County (Arlene D. Goldberg, J.), rendered November 19, 2013, 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 previously convicted of a violent felony, to a term of six years, unanimously affirmed.
The verdict was based on legally sufficient evidence and 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 credibility determinations. Defendant's overall course of conduct supports an inference that he was a participant in the drug transaction, and did not merely direct the undercover buyer to the drug dealer he was seeking. The evidence demonstrated that defendant acted, at least, as a lookout (see e.g. People v. Rodriguez, 52 A.D.3d 249, 857 N.Y.S.2d 910 [1st Dept.2008], lv. denied 11 N.Y.3d 741, 864 N.Y.S.2d 399, 894 N.E.2d 663 [2008] ), as well as performing a receptionist-like function.
The court properly denied defendant's request for an agency instruction because there was no reasonable view of the evidence that defendant took part in the transaction, but acted only on behalf of the buyer. Absent evidence "indicative of a relationship with the buyer," an agency charge is not warranted by alleged "ambiguities about the defendant's connection to the seller," (People v. Herring, 83 N.Y.2d 780, 783, 610 N.Y.S.2d 949, 632 N.E.2d 1272 [1994] ; see also People v. Williams, 88 A.D.3d 463, 464, 930 N.Y.S.2d 184 [1st Dept.2011], affd. 21 N.Y.3d 932, 969 N.Y.S.2d 421, 991 N.E.2d 195 [2013] ; People v. Lewis, 51 A.D.3d 475, 858 N.Y.S.2d 129 [1st Dept.2008], lv. denied 11 N.Y.3d 738, 864 N.Y.S.2d 397, 894 N.E.2d 661 [2008] ).
MAZZARELLI, J.P., FRIEDMAN, GISCHE, KAPNICK, JJ., concur.