From Casetext: Smarter Legal Research

People v. Mitchell

Appellate Division of the Supreme Court of New York, First Department
Jan 15, 1991
169 A.D.2d 478 (N.Y. App. Div. 1991)

Opinion

January 15, 1991

Appeal from the Supreme Court, Bronx County (Joseph Mazur, J.).


In this "buy-and-bust" operation the prosecution proved beyond a reasonable doubt that defendant was not acting merely as an agent of the buyer. The evidence showed that the undercover officer approached a group of people in front of a bodega, and asked if anyone had crack. Defendant responded that he did. Defendant and the undercover were not acquainted with each other prior to this time. By asking how much the undercover officer wanted, and then gesturing for payment, the defendant acted as a salesman and not as the undercover officer's agent. (See, People v Vargas, 135 A.D.2d 853, 854.)

Testimony concerning the "pre-buy meeting" was properly allowed as limited background material.

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

Concur — Sullivan, J.P., Milonas, Rosenberger, Wallach and Smith, JJ.


Summaries of

People v. Mitchell

Appellate Division of the Supreme Court of New York, First Department
Jan 15, 1991
169 A.D.2d 478 (N.Y. App. Div. 1991)
Case details for

People v. Mitchell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH MITCHELL…

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

Date published: Jan 15, 1991

Citations

169 A.D.2d 478 (N.Y. App. Div. 1991)
564 N.Y.S.2d 351