PEOPLE v. CABALLERO


160 A.D.2d 810 (1990)

The People of the State of New York, Respondent, v. Mauro Caballero, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 9, 1990


Ordered that the judgment is affirmed.

The testimony of the undercover police officer, to whom the defendant gave the cocaine, established that the defendant was alert and coherent throughout the transaction. Significantly, the defendant, who testified in his own behalf at trial, never claimed that he did not intend to participate in the transaction because he was inebriated.

Under the circumstances, we find that there was insufficient evidence in the record...

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