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People v. Lynch

Appellate Division of the Supreme Court of New York, Third Department
Dec 4, 1975
50 A.D.2d 948 (N.Y. App. Div. 1975)

Opinion

December 4, 1975


Appeal from a judgment of the County Court of Ulster County, rendered January 31, 1975, upon a verdict convicting defendant of the crime of criminal sale of a controlled substance in the third degree (Penal Law, § 220.39). The conviction should be affirmed. The People established a prima facie case that defendant was a seller of drugs rather than, as she asserts, merely an agent for the buyer, an undercover police officer (People v Urich, 37 A.D.2d 901). Thus, the resolution of this issue was a question for the jury and, on the instant record, we find no basis to disturb the determination (People v Fisher, 35 A.D.2d 886). Furthermore, we find that the chain of possession of the envelope containing the heroin allegedly provided by defendant was adequately established so as to provide a reasonable guarantee of identity and unchanged condition (People v Connelly, 35 N.Y.2d 171; People v White, 49 A.D.2d 614; People v Russell, 49 A.D.2d 655; People v Porter, 46 A.D.2d 307). Finally, the maximum life sentence was not unconstitutional (People v Broadie, 37 N.Y.2d 100). Judgment affirmed. Herlihy, P.J., Greenblott, Kane, Main and Reynolds, JJ., concur.


Summaries of

People v. Lynch

Appellate Division of the Supreme Court of New York, Third Department
Dec 4, 1975
50 A.D.2d 948 (N.Y. App. Div. 1975)
Case details for

People v. Lynch

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARY LOU LYNCH…

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

Date published: Dec 4, 1975

Citations

50 A.D.2d 948 (N.Y. App. Div. 1975)